Same sex divorce
Tina Shah

Same sex divorce

With Alan Carr announcing recently that he intends to get divorced, how easy is it to end a same-sex marriage?

The irretrievable breakdown of any marriage is proved by one of five facts, specifically:

  • Adultery
  • Unreasonable behaviour
  • Two year separation by desertion
  • Two year separation with the consent of both parties
  • Five year separation

If we are to believe media reports then it is likely that Alan and his husband Paul will divorce on the basis of unreasonable behaviour.

It is important to note, that somewhat unfairly, adultery can only be relied upon by a Petitioner who is married (therefore not in a civil partnership) and then only between members of the opposite sex.

Same-sex adultery is not legally considered adultery. This is the only difference between same sex marriages and heterosexual marriages and until such time as the law catches up with the times, then this ground is not able to be relied upon as the reason for the breakdown of a relationship in same sex marriages.

If your relationship has broken down and you need expert legal advice please do not hesitate to contact a member of the Family Law team. Call 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.