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Same sex couples can either enter a civil partnership or get married. The law around same sex unions has evolved significantly over the past few years.
The changes began with The Civil Partnership Act 2004 which enabled a same sex couple to go through the equivalent of a Civil Marriage Ceremony. The legal principles applying to Civil Partnerships are deliberately very similar to those applying to a marriage. This law came into force in December 2005.
In 2013 it became possible for a same sex couple to get married, a change in the law which has made Civil Partnerships less popular.
However, in 2018 a male/female couple decided it was unfair that same sex couples should have the choice between Civil Partnership and Marriage, a choice which was denied them, and took the matter to Court. The Court agreed with them and found that it was right that all couples should have the same choice.
Ending a Civil Partnership
In order to apply for your Civil Partnership to be dissolved, you must have been in that partnership for a year. Couples in a civil partnership have the same rights as married couples when it comes to entitlements on divorce and the financial provision for children of the family.
The grounds for dissolving a Civil Partnership are:
- Unreasonable behaviour
- Desertion for a minimum period of 2 years
- 2 years’ separation, with a partner’s consent
- 5 years’ separation, without a partner’s consent
Adultery cannot be a ground for divorce because the legal definition of adultery is sex between a man and a woman, however unfaithfulness is classed as unreasonable behaviour.
Same Sex Marriage
Since same sex marriages were allowed in 2013, they have become more popular than Civil Partnerships. The laws relating to same sex divorces is identical to those of a heterosexual couple.
Get in touch if you would like our expert team to guide you through the process of dissolving a civil partnership or marriage.
