All of the family law services that we provide for opposite sex couples also apply to our LGBTQ+ clients, as your relationships are equally represented in law.
Our team are open, respectful and caring, and we understand the particular challenges faced by this community on personal matters involving family issues. We are able to assist you with care and compassion on all aspects affecting the LGBTQ+ community.
Since 2004, it has been possible for same sex couples to enter into civil partnerships and from 2014 to marry. That brings with it the possibility of dissolution of civil partnership or divorce. It is important to note that since June 2021, it has also been possible for opposite sex partners to enter into a civil partnership.
It can be an uncertain time and by helping you understand your rights from the outset, we can help you to alleviate some of the anxiety arising from such uncertainty. Obtaining legal advice at an early stage is recommended. We can guide you though the process and discuss with you the child and financial matters arising from such breakdowns in your relationship and how best to address these.
As a spouse or civil partner, even if you do not own the family home, you have occupancy rights in the property and cannot be forced to leave, save for certain circumstances.
Ideally, you should try to resolve arrangements in respect of the children of the marriage or civil partnership between yourselves. We can assist you, or refer you to mediators, who can help you to reach an agreement about the future care of your children.
A court can intervene in disputes, but this should be regarded as a last resort and you will be expected to have tried all avenues to reach an agreement before applying to court.
In England and Wales, property is divided based on the principle of fairness. This means that each spouse is entitled to a fair share of the assets, regardless of who owns them. Factors that may be considered include the length of the marriage, the contributions of each spouse, and the financial needs of each spouse and children of the relationship.
If you have been married or in a civil partnership for one year, you can then apply for divorce or dissolution.
In the United Kingdom, same-sex marriage has been legal since 2014, and the divorce process for same-sex couples is the same as it is for opposite-sex couples. The legal requirements for divorce are the same for all couples, regardless of sexual orientation.
Child residence agreements, child contact arrangements, property division, and financial matters are also determined in the same way as they are for opposite-sex couples.
Yes, same-sex couples can adopt a child in England. Adoption agencies cannot discriminate on the basis of sexual orientation, and same-sex couples are assessed in the same way as opposite-sex couples.
Yes, same-sex couples can have a child through surrogacy in England. However, the legal process can be complex, and it is important to seek legal advice before embarking on the process.
The non-biological parent in a same-sex relationship can acquire legal parental responsibility through adoption, surrogacy, or a parental order. This gives them the same legal rights and responsibilities as the biological parent.
The surviving partner in a same-sex marriage or civil partnership has the same legal rights as a surviving spouse or civil partner in an opposite-sex relationship. They may be entitled to inherit the deceased partner’s estate and receive certain benefits. We encourage everyone to make a Will to ensure that your wishes prevail should the worst happen.
It is important to seek legal advice from a trusted source and we have Law Society and Resolution accredited specialists in Family Law, with a wealth of experience, to provide expert and objective advice.
