How Do You Get Divorced in a Same-Sex Marriage?

Same-sex marriage became legal in the UK in 2013. Since then, there has been an abundance of same-sex marriages — and a few divorces too.

This article will explain the divorce process for couples in a same-sex marriage, including whether the upcoming ‘no-fault’ divorce process also applies to them.

What is the divorce process for same-sex couples?

The divorce process for same-sex married couples is the same as it is for heterosexual married couples. The separation process is only different if you are in a civil partnership.

Just as with heterosexual marriages, either party in a same-sex marriage can apply for a divorce on the grounds that the marriage has irretrievably broken down. 

The grounds for same-sex divorce are:

• Unreasonable Behaviour
• Separation for more than 2 years
• Separation for more than 5 years
• Desertion

Do no-fault divorce apply to same-sex marriages?

New no-fault divorces, which came into law in April 2022, allow couples to get divorced without having to give a reason for the breakdown of their marriage. Simply stating that their marriage has irretrievably broken down is sufficient grounds for getting divorced.

Same-sex couples can get a no-fault divorce in the exact same way as heterosexual couples. The divorce process will be identical, with neither type of couple needing to go into detail about the breakdown of their marriage.

How do you dissolve a civil partnership?

In England and Wales, either party in a civil partnership can dissolve the partnership by applying for a ‘dissolution order’. 

Dissolution is almost identical to a divorce. You will need to prove that the partnership has irretrievably broken down using one of the four reasons listed above. You must also have been in the civil partnership for at least twelve months before you can apply for a dissolution.

The courts will review your application and make a Conditional Order of Dissolution. The conditional order shows that you are legally entitled to end the civil partnership.

You can apply for a Final Order of Dissolution six weeks after the conditional order is made. This legally ends the civil partnership.

We hope you never need to divorce, but it’s important to find the right help if you do. Goodwins Family Law Solicitors is a London-based law firm with lawyers that specialise in various areas of family law. We can guide you through a same-sex divorce or civil partnership dissolution by offering professional advice and representation throughout the process. We have a long history of successful cases and a reputation for being transparent, understanding and fair. 

Contact our team today to book your consultation.