With same-sex marriages legal in the UK since 2013, more couples have enjoyed the right to marry. However, like any marriage, some of these relationships may break down. Understanding the same-sex divorce process is important for anyone navigating this difficult time.
Grounds for divorce
The grounds for divorce are the same for same-sex and opposite-sex couples. The law requires that the marriage has irretrievably broken down, which can be established through one of the following facts:
How to get a divorce/dissolution
Starting the divorce process can be daunting, but understanding the steps can make it more manageable. Here’s a simple guide:
The process is similar for civil partnerships, but it’s referred to as ‘dissolution’. The grounds for this are the same as those for divorce, except for adultery.
Sorting out financial matters
Financial matters can often be the most controversial part of the process. It’s crucial to reach a fair agreement on how assets and liabilities are divided.
Both parties must fully disclose their financial circumstances, including income, assets, and debts. This transparency is vital for a fair settlement. Ideally, both parties will negotiate and reach an agreement on the division of finances. This can include property, savings, pensions, and any other assets.
Once an agreement is reached, it should be formalised through a court order. This can be a consent order if both parties agree, or a financial order if a judge decides the terms.
Divorce is never easy, but knowing what to expect can help you navigate this challenging time more effectively. Seeking legal advice can provide valuable support when you need it most.