The same-sex divorce process in the UK

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:

  • Adultery: Although this is less common in same-sex divorces due to legal definitions, it can still apply if one partner has had sexual intercourse with someone of the opposite sex.
  • Unreasonable behaviour: This includes a wide range of behaviours such as domestic violence, drug or alcohol abuse, or refusal to contribute to household expenses.
  • Desertion: One partner leaves the other without consent or good reason for a continuous period of at least two years.
  • Two years’ separation with consent: The couple has lived apart for two years, and both agree to the divorce.
  • Five years’ separation without consent: The couple has lived apart for five years, even if one partner disagrees with the divorce.

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:

  • Apply: The process begins with filing a divorce application, and you can start your divorce online. This service simplifies the application process, allowing you to complete forms and submit documents electronically.
  • Respond: If you’re the respondent, you’ll need to acknowledge the application. You can agree or disagree with the reasons stated for the divorce.
  • Conditional order: Once the court is satisfied that there are valid grounds for divorce, a conditional order is issued. This states that the court sees no reason why the divorce cannot be granted.
  • Final order: After six weeks and one day from the date of the conditional order, the applicant can apply for the final order, which legally ends the marriage.

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.

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Welcome to luisachristie.co.uk

your queer, plus size, vegan pal 💜

a lifestyle blog, with a colourful & alternative edge... Covering: vegan & cruelty-free food / drinks / products, live music / festivals / travel (inc. adventures with mum), and self love & body confidence... to name a few.

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