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Marriage for same sex couples

The law differs in relation to same sex marriages and civil partnerships. Our family law solicitors have experience in dealing with all aspects of both and can provide you with the highest quality legal advice for same sex couples.

The Marriage (Same Sex Couples) Act of 2013 effectively puts same sex marriages on the same legal footing as those of heterosexual couples.

The main benefits to a same sex marriage over a civil partnership are:

• Pensions – when a same sex spouse dies, their partner is now entitled to a share of their pension that reflects the full number of years that the deceased paid into it. With a civil partnership the surviving spouse would only be entitled to a share of the pension based on contributions made since 2004 (for a private sector pension) or 1988 (for a public sector pension).
• Recognition of marital status in some foreign countries – more and more countries are now accepting same sex marriages. Fewer countries recognise the legal status of a civil partnership.

The Married (Same Sex Couples) Act 2013 also enables civil partners to convert their partnership into a marriage if they wish.

Divorce for same sex spouses

Same sex spouses whose relationship has irretrievably broken down can seek a divorce through the court using the same process and under the same legislation as married couples of the opposite sex.

Civil Partnerships

Civil Partnerships create legal rights related torelate in areas such as pensions, tax and the right to apply for parental responsibility for a partner’s child.

We are experienced in advising clients on civil partnerships both before entering into a partnership and if a breakdown of the relationship occurs. Common instructions relate to:

• Protecting assets – Civil partnership is not the same as marriage and therefore it is advisable to also enter into a civil partnership agreement to ensure clarity, protect family inheritance, major assets and business interests. Whilst not currently legally binding, a well drafted agreement may help a court to understand the pre-civil partnership intentions for certain wealth.
• On breakdown of a civil partnership – the basic options are separation or to legally dissolve the partnership. If the partnership has lasted 12 months or less, a separation order is used. Once you have been granted a separation order it means that you cannot legally enter into another civil partnership until you get a dissolution order. Dissolution of a civil partnership is similar to the divorce of a married couple.

Finances and children when same sex relationships end

The same general principles apply as with heterosexual relationships. The welfare of children always comes first. Other important factors will include the length of the relationship and needs and contributions of the parties. It is possible, and generally advisable, to try and negotiate a financial settlement (rather than let the court decide) in much the same way as with a divorce financial settlement.

Solutions, either negotiated or by court order may involve property transfers, lump sum payments or ongoing maintenance. Similarly, arrangements for where any children shall live, and relating to contact with the non-resident partner, will need to be dealt with.

The key is generally to have an experienced and specialist family solicitor who is a good negotiator. We can help you with these issues.