Ending same sex relationships
Linda Hunter, Head of Family Law at Rowlinsons Solicitors, answers some of your questions about the options available to same sex couples when 
ending their relationship.
What are the grounds for divorce for a same sex marriage?
There is only one ground for divorce/dissolution in England and Wales, and that is the irretrievable breakdown of the relationship. To prove to the Court that the relationship has broken down irretrievably, you must prove one of the following facts:-
- Adultery (but this has to be with someone of the opposite sex)
- Unreasonable behaviour
- Desertion
- Two years’ separation with consent
- Five years’ separation
The only difference for a single sex couple going through divorce than for an opposite sex couple is the ground of adultery. This is only applicable if the adultery has been with a member of the opposite sex
Can I convert a civil partnership to a marriage?
It is possible to convert a civil partnership into a marriage in England and Wales (there are different rules for Scotland, and currently it is not possible to do this in Northern Ireland). You can convert your civil partnership into a marriage either at a register office, or local registration office.
You can also convert the partnership into a marriage following a ceremony, but it is important to know that the ceremony has to be conducted on religious or approved premises and at a registered venue.
There is a fee of £4 for a marriage certificate and £45 to convert your civil partnership. If you conduct a ceremony, you will also have to pay £27 for an appointment as well.
You will need to sign a “conversion into marriage” declaration, and will also need your original civil partnership certificate and identification documents as well.
For more information, go to https://www.gov.uk/convert-civil-partnership
Do civil partners get divorced?
If you have a civil partnership, the process to legally end that relationship is largely the same as a married couple. It is not called a divorce, but instead is called a dissolution. The forms and process are largely the same, however there are some key differences. As with same sex marriages, the grounds to petition for dissolution of a civil partnership would be:
- Adultery (but this has to be with someone of the opposite sex)
- Unreasonable behaviour
- Desertion
- Two years’ separation with consent
- Five years’ separation
Some of the terminology is also different, for example in divorce proceedings for a married couple the final Decree Absolute brings the legal marriage to an end. In a civil partnership, it is called a Final Order.
There is also a process to apply for financial settlement as a result of dissolution of a civil partnership, again in a similar way to divorce proceedings for married couples.
Can I enter into a civil partnership if I am in an opposite sex relationship?
At the moment, only those in same sex relationship’s have the option of entering into a civil partnership. Currently, couples in a heterosexual relationship are not able to enter into a civil partnership.
Civil partnerships were introduced in the UK in the Civil Partnership Act 2004. The Act came into force in December 2005, with the first couples forming civil partnership that month. The Act allowed same sex couples to formally recognise their relationship, which provided similar rights to those enjoyed by married couples.
The Marriage (Same Sex Couples) Act 2013 legalised marriage for same sex couples in England and Wales, although civil partnerships also remain available to same sex couples.
For those couples in opposite, or heterosexual relationships, the only option currently to formally recognise their relationship is to get married. There have been a number of challenges through the Courts to this, arguing that it is unfair and discriminatory to not allow opposite sex couples the same rights as same sex couples.
During the summer of 2018, the Supreme Court ruled that it was incompatible with the European Convention on Human Rights that the Civil Partnership Act 2004 is only an option for opposite sex couples. The ruling does not change the law, but it does make it more likely that the Government will now do something to allow opposite sex couples the same rights as same sex couples.
To arrange your free initial 30 minute meeting on any aspect of family law please call 01928 725 333.