Divorce for same sex spouses

Divorce for same sex spouses

The Marriage (Same Sex Couples) Act of 2013 established that same sex marriages were to be classed in the same way as those of heterosexual couples and given the same legal foundations. A year later, on 29 March 2014, the first same sex marriages took place.

The divorce process for same-sex married couples remains the same as that for heterosexual married couples, namely ‘no-fault’. No grounds or reasons are required and either party may apply or a joint application be made to court on the basis that the marriage has ‘irretrievably broken down’.

When ending a same sex marriage or civil partnership, mediation remains a good way of working out decisions regarding finances and child arrangements. As with civil partnerships, these may involve lump sum payments, transfer of property and ongoing maintenance, along with decisions on where the children may live and how they will spend time with both parents.