The law and procedure for same-sex divorces is generally the same as that for divorces between spouses of the opposite sex. The main difference is that same-sex couples cannot apply for a divorce based on adultery.
There are five grounds which can be relied upon for a divorce which are:
Adultery
Your husband or wife had sexual intercourse with someone else of the opposite sex.
The law recognises the act of adultery as sexual intercourse between a man and a woman.
You can’t give adultery as a reason if you lived together as a couple for 6 months after you found out about it.
Unreasonable behaviour
Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.
This could include:
- physical violence
- verbal abuse, such as insults or threats
- drunkenness or drug-taking
- refusing to pay for housekeeping
Desertion
Your husband or wife has left you:
- without your agreement
- without a good reason
- to end your relationship
- for more than 2 years in the past 2.5 years
You can still claim desertion if you have lived together for up to a total of 6 months in this period.
Two years’ separation with consent
You can apply for a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
Your husband or wife must agree in writing.
Five years’ separation (no consent required)
You can apply for a divorce if you’ve lived apart for at least 5 years, even if your husband or wife disagrees.
Although the procedure for a divorce is generally the same for all couples with all couples completing the same forms, a same-sex marriage cannot ordinarily be ended on the grounds of adultery as Parliament has imposed a narrow definition of what constitutes adultery. This is limited to voluntary sexual intercourse between a man and a woman of the opposite sex. Therefore, having sexual intercourse with someone of the same sex does not technically amount to adultery.
There is a debate as to whether the law should change to allow all couples irrespective of their sexuality to apply for divorce on the same grounds.
Regardless of a person’s sexuality, Jacksons offer the same invaluable client care to all who require our assistance. If you need any advice for any aspect of divorce then please do not hesitate Louisa Bestford on 0191 2069617 or Emma Canham on 0191 2069621.
Please share the article
