The legal rights and responsibilities of a same sex couple will differ, depending on whether they live together, are married or have entered into a civil partnership. Same sex marriage or a civil partnership creates legal ties, concerning finances and children. Unmarried couples do not automatically have any legal rights.
What is the legal process for same-sex divorce or civil partnership dissolution?
The process of ending a civil partnership or same sex marriage is very similar to the process of getting a divorce in the UK. You must have been married or in a civil partnership for one year or more and be able to show that the relationship has irretrievably broken down.
It is important that you also address any money issues alongside the civil partnership dissolution or same sex divorce, as failing to do so could leave you financially exposed in the future.
Learn more about civil partnership dissolution here.
Call Woolley & Co, solicitors on 0800 321 3832 for advice on civil partnership dissolution, or complete our online form.
Same sex parental rights
Same-sex couples should be clear who the legal, biological and psychological parents of their children are and who has parental responsibility. Not all same sex couples have legal arrangements in place although they intend to live as a family. This often only becomes an issue when the relationship breaks down. Our lawyers have a great deal of experience in ensuring arrangements are in place to ensure that children maintain relationships with their other parent post separation regardless of legal or biological status.
A birth mother will always be a legal parent and have parental responsibility. Whether the other parent will be a legal parent will depend on the circumstances of birth (for example conception via a licenced fertility clinic) and the parents’ relationship status (married or in a civil partnership). A parent’s legal status can be changed after a child’s birth by surrogacy or adoption.
If you are not a legal parent you can still obtain parental responsibility for a child via a parental responsibility agreement, parental responsibility order or a “live with” child arrangements order. Your lawyer will be able to advise you on the best option for you and your family.
Learn more about Surrogacy and Assisted Reproduction here.
Cohabitation rights for same sex couples
Under the law of England and Wales couples who choose to live together rather than enter into marriage or a civil partnership, do not have any automatic legal rights in relation to shared property, savings or possessions. Unfortunately, the myth of the common law husband and wife means that many couples believe they have rights when they have none.
If you choose to live with your same sex partner protection can be provided by a cohabitation agreement. This can record each party’s financial contribution to the relationship and state the intention should the relationship breakdown. In addition, if you are buying property together you will need to ensure you understand the contract you sign, and it reflects your intention to either own the property as tenants in common or joint tenants. It is important to take advice on this.
Are there any unique legal issues faced by same sex couples?
Although the Marriage (Same Sex Couples) Act 2013 granted equal rights, there are still unique legal issues that can affect same sex marriage and civil partnerships. One common area is LGBT parental responsibility, particularly where children are conceived via donor insemination or surrogacy, as steps need to be taken so both parents can be recognised as legal parents. Internationally, recognition of same-sex marriages can be inconsistent, which may cause complications when couples move abroad. This is why consulting experienced same sex marriage solicitors can be valuable to ensure rights are fully protected under UK and international frameworks.
What legal protections should we consider putting in place before or during our marriage?
Before or during a same sex marriage, couples should consider legal protections such as prenuptial or postnuptial agreements to set out how assets would be divided if the relationship ends. Although not strictly binding, courts in England and Wales take them into account if fair and properly entered into. Wills are essential too, as intestacy rules may not reflect a couple’s wishes. Laws for same sex marriage now provide equal footing with opposite-sex couples, but guidance from specialist same sex marriage lawyers can help tailor protections to individual circumstances.
What are my rights regarding divorce and the division of assets in a same sex marriage or civil partnership?
Under English and Welsh law, same-sex couples have the same rights as opposite-sex couples when it comes to divorce and dissolution. Since the 2022 reforms, no-fault divorce applies equally, allowing couples to end their relationship without assigning blame. The court will divide property, pensions, and savings fairly, taking into account children’s welfare, needs, and contributions. As this can be complex, many people seek advice from a same sex divorce lawyer or experienced same sex divorce solicitors, who understand the nuances of financial settlements and parental arrangements in these cases. With the support of same sex marriage solicitors, couples can navigate the process confidently and ensure their rights are fully protected.
For free initial legal advice call Woolley & Co, solicitors on 0800 321 3832, or complete our online form.