Ending a Same Sex Marriage

Ending a Same Sex Marriage

The process of ending a same sex marriage is much the same as an opposite-sex marriage. However, there may be specific matters relating to a same sex relationship that will require expert legal advice to solve in the event of a divorce. This is where our solicitors can step in to lend their support.

We recognise that divorce is one of the most difficult experiences anyone can face during their lifetime. That is why our same sex divorce solicitors carefully tailor their approach to your personal situation, combining empathetic personal support with strong practical advice to help you understand the steps that need to be taken.

Our team has specialist expertise in handling LGBTQIA divorces, using various methods of alternative dispute resolution to encourage amicable resolutions to points of contention without the need for court proceedings. All of our team are members of Resolution, a network of family law professionals who are committed to promoting constructive approaches to family issues. We also have a specialist accredited member of Resolution as a part of our team.

If court proceedings are the only way forward to finalise arrangements for your finances or children, our team can also provide robust representation and close personal support.

Our additional expertise can be viewed on our main Family Law page.

Please note we do not deal with Legal Aid enquiries for any Family Law work.

To arrange an initial appointment with one of our same sex divorce solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach please call 01782 652300 or use the enquiry form on the right hand side of the page.

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    Our Same Sex Divorce Expertise

    While the divorce process in England and Wales has been simplified since the introduction of ‘no-fault divorce’, there are still a number of steps to take before anything is made official.

    This includes starting by making a divorce application (either solely or joint), applying for a Conditional Order and applying for a Final Order.

    Our same sex divorce solicitors can guide you through the process of getting a divorce, whether you are acting as a sole applicant, joint applicant, or a respondent to an application. With our support, you will have a clear outline of where your divorce currently stands and the relevant timescales you should be aware of.

    If you and your partner have any children together, making suitable arrangements to support their welfare will no doubt be one of your top priorities during a divorce.

    Our specialist, same sex divorce solicitors, can help you and your former partner to negotiate arrangements for your children, including where they will live, who will have responsibility for their general welfare and more.

    We will seek to make these agreements on a voluntary basis. However, if this proves unsuccessful, we can then work with you to apply for a child arrangement order or specific issue order to establish your children’s living arrangements post-divorce.

    The process of dividing your assets during a same sex divorce can be particularly challenging, especially where there may be a disparity between your respective financial positions.

    Regardless, our same sex divorce solicitors can assist you with making suitable arrangements for your finances and taking the necessary steps to find a middle ground that is in both party’s best interests.

    We can use our expertise with alternative dispute resolution to help you reach a voluntary agreement on your finances or, where this is not possible, can help you apply for a Financial Order from the courts.

    Meet Our Dedicated Same Sex Divorce Team

    “Heather was very informative and thorough, if I didn’t understand anything she kindly explained everything. She has been an amazing help and I want to thank her for everything she has assisted me with.”

    What Our Clients Say About Our Family Law Expertise

    Our central goal is to satisfy our client’s needs. Here’s just a few of them, in their own words, detailing how we do exactly that.

    “I have been going through a very messy divorce and Heather and Tinsdills have been my rock. Her advice has been invaluable and she has kept me from going in all gung ho in the divorce proceedings. I would highly recommend their services and I’m still using them for my ongoing issues.”

    “I was really pleased with my solicitor Karen with all the help and support she gave me regarding my situation. Would highly recommend.”

    Get in Touch With our Same Sex Divorce Solicitors Today

    If you would like to discuss your options for ending a same sex marriage further, please get in touch with a member of our expert team today.

    With a dedicated team on hand to take you through every step of the divorce process, you can be certain that we will provide you with the best chance of achieving the best possible outcome for you and your family.

    Please note we do not deal with Legal Aid enquiries for any Family Law work.

    To arrange an appointment with one of our same sex marriage solicitors in Hanley, Leek, Newcastle-Under-Lyme or Sandbach, please call 01782 652300 or use the enquiry form on the right hand side of the page.

    Same Sex Divorce FAQs

    The process for divorce in the UK was amended under the Divorce, Dissolution and Separation Act, which was brought into effect in England and Wales in 2022.

    One or both spouses in a same sex couple are now required to start proceedings by completing a divorce application which includes a ‘statement of irretrievable breakdown’. If one person files a sole application, the other (the respondent) will then have to confirm receipt of the application and send back an ‘acknowledgement of service’ form within 14 days.

    After a minimum of 20 weeks, the applicant(s) can then apply for a Conditional Order to be issued. Once issued, a further 6 week waiting period begins, after which the applicant(s) can apply for a Final Order. Once issued, the divorce is official. It is important to note that financial matters also need to be dealt with separately to your divorce (link to finances page?).

    There are no real differences between same sex and opposite sex divorces. Under previous laws, the only real difference concerned the reasons used to prove the irretrievable breakdown of the relationship, as adultery could not be used in same sex marriages. This is because adultery has a specific legal definition pertaining to heterosexual sex.

    If correctly followed, the divorce process for same sex couples takes a minimum of 26 weeks to complete once the application has been issued by the Court. There is a 20-week wait for the Conditional Order and a further 6-week wait for the Final Order.

    Of course, the time it takes to get a divorce can be longer than this, where arrangements for children and finances need to be made (though these can be sorted while the divorce is underway).

    There is a £593 Court Fee to make a divorce application.

    We can discuss the legal fees our solicitors will charge during an initial consultation. Initial consultations are priced at £125 + VAT.

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