Divorce for Same Sex Marriages
Same sex divorce explained…
If you are in a same sex marriage and you would like to get a divorce, our family lawyers can help you.
At Harrisons Solicitors we pride ourselves on our empathetic and professional approach. We will assist in any way we can, whether that’s advising you on the grounds for same sex divorce, or representing you throughout the process.
If you would like to speak to one of our family law solicitors about same sex divorce, please call us on 01938 552545 / 01686 625134 or complete a free online enquiry and we will be happy to help you.
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For more information about divorce for same sex marriages, including the step-by-step process, please download our free guide:>>.
Same sex divorce explained
The divorce process for same sex couples is much the same as the divorce process for opposite sex couples. You must have been married for one year, and you must prove that your marriage has irretrievably broken by showing that one of the following has occurred:
- One person has committed adultery with a person of the opposite sex
- One person’s behaviour has been unreasonable
- You have been separated for two years and you both agree to the divorce
- You have been separated for five years
- Your spouse has deserted you
Therefore the concept of adultery can have a bearing on same sex divorce. This is because in England and Wales, the law defines adultery as a spouse having sexual intercourse with someone of the opposite sex. If your spouse had sexual relations with someone of the same sex, you cannot use adultery as the reason for your divorce, but you may be able to rely upon unreasonable behaviour.
Along with proving that your marriage has broken down, you will also need to sort out all the ‘ancillary’ matters relating to your divorce. This includes the division of assets, arrangements for any children, and ongoing maintenance payments. Often these issues are more difficult to finalise that the actual divorce, as they can readily lead to disagreements. If so, mediation may be necessary. If this does not prove successful, the court will decide on your behalf.
For more detailed information, please download our Guide to Same Sex Divorce.
Divorce lawyers for same sex marriages
Here at Harrisons we understand how upsetting it is to face a divorce. We will do all in our power to help you through this difficult time, acting as your legal support throughout.
We can begin by advising you on the grounds for your divorce, suggesting what would be most suitable in your circumstances. We can then handle the entire divorce process for you, dealing with all the paperwork and liaising with your ex.
If needed, we can also assist with the matters relating to your divorce, such as the financial settlement and child contact arrangements. Our priority is to help you reach a mutually agreeable solution, but if this is not possible, our lawyers are more than equipped to represent you throughout court proceedings.