same sex marriage

The court has the power and jurisdiction to deal with same-sex divorce under The Marriage (Same Sex Couples) (Jurisdiction and Recognition of Judgments) Regulations 2014.

Same-sex divorce statistics

There was more than three times the number of same-sex divorces in 2017 than in 2016, according to the Office for National Statistics. There were 428 divorces of same-sex couples in 2018, increasing from 338 in 2017; of these, three-quarters were among female couples.

Unreasonable behaviour was the most common fact relied upon for same-sex couples.

Why doesn’t adultery apply in same-sex divorce?

The current law does not allow same-sex couples to rely on adultery as a fact in their divorce petition. Same-sex couples must rely on the following facts:

1. Behaviour – the other party has acted in such a way that you cannot be expected to live with them. This fact cannot be used if you have lived with the other party for a total of six months after the date of the last incident you are relying on.
2. Desertion – the other party has left, without reason, for a continuous period of at least two years prior to your petition.
3. Separation – two years – the parties have lived separately for at least two years, and you have the consent of the other party to divorce on this basis. You can still live in the same home during the separation, but you must not ‘live as a couple’ for six months during or after the separation period.
4. Separation – five years – the parties have lived separately for a continuous period of five years (no consent required). You can still live in the same home during the separation, but you must not ‘live as a couple’ for six months during or after the separation period.

If you are considering commencing divorce proceedings, you should consult a family law specialist to provide you with initial advice and help you to understand your next steps.

If you would like to book an initial consultation to discuss same-sex divorce please do not hesitate to 

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