Gay marriage divorce laws
How Do You Get Divorced in a Same-Sex Marriage?
Same-sex marriage became legal in the UK in 2013. Since then, there has been an abundance of same-sex marriages — and a not many divorces too.
This article will explain the divorce process for couples in a same-sex marriage, including whether the upcoming ‘no-fault’ divorce process also applies to them.
What is the divorce process for same-sex couples?
The divorce process for homosexual married couples is the same as it is for heterosexual married couples. The separation process is only different if you are in a civil partnership.
Just as with heterosexual marriages, either party in a same-sex marriage can apply for a divorce on the grounds that the marriage has irretrievably broken down.
The grounds for same-sex divorce are:
- Unreasonable Behaviour
- Separation for more than 2 years
- Separation for more than 5 years
- Desertion
Do no-fault divorce apply to same-sex marriages?
New no-fault divorces, which came into law in April 2022, allow couples to get divorced without having to give a reason for the breakdown of their marriage. Simply stating that their marriage has irretrievably broken down is suffi
Much has been written recently about the possibility of the law being changed so that it ceases to be necessary to allege “fault” before a divorce can be granted. The commandment applies equally to same sex marriages as it does to those between opposite sexes.
The grounds for divorce – the present law
As a reminder, as the law is now, a divorce can only be granted if the court is satisfied that the marriage has “irretrievably broken down”.
Proof that a marriage has reached that state has to be on one of five specific grounds which are:
- adultery
- unreasonable behaviour
- desertion
- separation for more than two years, if both parties agree
- separation for more than five years even without agreement.
This piece only deals with claims for divorce on the first stated ground, adultery.
Definition of adultery
Adultery is defined by the rule as
“Voluntary sexual intercourse between a guy and a chick who are not married to each other but one of whom is married to someone else”.
It follows from this definition that
- Sexual intercourse between two people of the opposite sex who are married to each other cannot be adultery even if they are separated
- Sexual intercourse between two
The Different Challenges of a Similar Sex Divorce
In California, the right for a same-sex couple to legally marry was once-and-for-all enacted after the U.S. Supreme Court overturned a statewide ban on gay marriage on June 28, 2013. But while same-sex couples can now blissfully enjoy marriage equality, divorce equality is still playing catch up. From splitting assets to child custody rights, the details of divorce that are often clear in a heterosexual marriage can be a little more cloudy for lgbtq+ couples.
Before same-sex marriage became legal, many homosexual couples entered into a Domestic Partnership. Now, under the tenets of California statute, to file for divorce both the marriage and the home partnership need to be dissolved as one dissolution does not automatically negate the other. Usually, this can be accomplished in one legal action, but it must be done properly and is often best executed with the help of an experienced same sex divorce attorney. There are also nuanced tax filing consequences for a same-sex couple that may not necessarily employ to a heterosexual couple.
Same Sex Divorce: Time Matters
One of the biggest hurdles couples face in a same-sex divorc
Same Sex Divorces
Our warm, empathetic, and approachable family law team here at McCarthy + Co provides legal counsel and support to those in same-sex relationships confronting divorce or related family rule challenges. Recognising the distinctive challenges homosexual couples may deal with during divorce, we approach every case with sensitivity and understanding.
Navigating the finish of a connection can be challenging, and it’s essential to make well-informed decisions. With the right legal guidance, you can safeguard your rights, whether you’re cohabiting, contain a cohabitation deal, or you are in a civil partnership or marriage. As a trusted and long-established regulation firm with offices across Ireland, we pride ourselves on our depth of knowledge and extensive experience in managing sensitive family statute related matters.
The regulation in Ireland changed dramatically with the introduction of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, a statutory civil partnership registration scheme that first gave legal recognition to lgbtq+ couples. However, since November 2015, lgbtq+ couples are qualified to legally join following the groundbreaking