Navigating the legal system can be a daunting experience for anyone, but for LGBTQ+ couples and individuals, it often comes with unique and complex challenges.
The family law team at Myerson is well-equipped to deal with divorce, civil partnership dissolution, matters involving children, and financial remedy proceedings, ensuring that all our clients understand their legal rights and are treated fairly.
In light of Pride Month, here is some guidance for LGBTQ+ couples going through proceedings.
Same-sex marriage was legalised in England and Wales in 2013 and the first marriages took place in 2014.
By 2020, same-sex marriage was legalised in all of the UK, which means that LGBTQ+ couples have the same legal rights to marry and divorce as opposite-sex couples do.
It is also possible to convert a civil partnership into a marriage, which can be done at a register office, your local registration office or a religious or approved premises where same-sex marriages are allowed. The marriage certificate will then be dated with the date of the civil partnership.
The divorce process can be commenced by either party, and is now on a no-fault basis, meaning neither party is at blame for the divorce.
In circumstances where a civil partnership has been converted into a marriage, the divorce procedure is the same. The dissolution of a civil partnership operates in the same way as a divorce.
The legal divorce procedure is straightforward and follows the same process for all couples, being an application, a conditional order and a final order that finalises the divorce. It is often arrangements that accompany divorce that bring the complexity, particularly for LGBTQ+ couples, such as reaching a financial agreement, and any divorce where there are children to the marriage.
Matters involving children can be emotional and can feel overwhelming at times.
For LGBTQ+ families, this can come with added complexities if adoption, coparenting, surrogacy, or fertility treatments have been involved such as the use of a donor egg, sperm, or embryo.
Every family is unique, and our team can assist in determining the best course of action for you to take that suits your family, protects the children’s best interests and supports your rights as parents.
Here are some of the options that may be appropriate:
As with divorce, same-sex couples are entitled to the same financial remedies as opposite-sex couples.
It is crucial to reach an agreement following divorce to settle your finances and obtain a clean break, which means neither party has any future claim against the other.
Within financial remedy proceedings, the court has a range of powers including:
With any financial proceedings after divorce, the parties’ assets will typically be disclosed to the other, and it will be determined which of the assets fall within the marital pot and are therefore available for division between the parties.
Often, parties to the proceedings will assert that any assets obtained before the marriage are non-marital and should not be shared between the parties.
This can be more difficult for same-sex couples, as same-sex marriage was only legalised in 2013 in England and Wales, which means there will be married couples who may have cohabited for a longer period before they were able to marry.
This can create more complexity around the assets and whether they should be marital or non-marital, particularly as cohabitation can be difficult to establish.
The family team at Myerson are proud to provide unique, tailored advice for LGBTQ+ couples where any complexities arise in relation to divorce, children and finances.
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Joe joined Myerson’s Family Law team as an Associate in September 2024 and is known for his expertise in high-net-worth financial remedies and complex children cases, including those with international elements.
He advises on various family law matters, such as divorce, financial settlements, pre- and post-nuptial agreements, child arrangement disputes, and surrogacy. Recognised for his client care and discretion, Joe sensitively supports high-profile clients, tailoring his advice to their unique circumstances.
A member of Resolution, he promotes constructive approaches to family law while prioritising the needs of children. Joe’s insights have been featured in leading publications, and he engages with the legal community through his popular Instagram account and the Manchester Young Professionals Committee.
About Joe Ferguson