Since 2005 same sex couples have been able to enter into civil partnerships and since March 2014 to enter into a marriage. What is not so well known is that it is possible to convert a civil partnership into a marriage. Our Family Law Team look at how you do it and what are the consequences.Any couples who registered as civil partners in ...
A heterosexual couple have won their legal battle for the right to enter into a civil partnership as opposed to a marriage. Catherine Loadman explains more.The Supreme Court has declared that the provisions of the Civil Partnership Act 2004 (CPA 2004) which prevent a different sex couple from entering into a Civil Partnership are incompatible with ...
Same sex adultery is NOT adultery according to the law in England; we take a closer look at this seemingly forgotten portion of legislation.
The Law in England currently states that if you have sex with another person outside of your marriage or civil partnership, and that other person is of the same sex as you, it's not considered adultery - even if you're in a same-sex marriage or civil partnership.
This causes both same-sex couples and heterosexual couples some difficulties when citing the reason for the breakdown of their marriage/civil partnership for the purpose of divorce or dissolution where one person has had an affair with someone of the same sex.
In order to divorce or dissolve your civil partnership, you have to support the ground for divorce/dissolution, which is the irretrievable breakdown of your marriage/civil partnership, with one of 5 facts:
Desertion for a period of 2 years or more;
2 years separation (with the consent of the other spouse); or
5 years separation (where the consent of the other spouse is not required.
When identifying the relevant fact causing the breakdown of the relationship one would assume that if your spouse/partner had cheated on you with another person you were entitled to rely on their affair to obtain your divorce/dissolution. Well, not if that affair was with a person of the same sex as them.
Most people would think that this wouldn’t be of concern to a heterosexual married couple but it has proven to be problematic. For example, a married man would not be able to rely on his wife’s adultery to divorce her if she had been having an affair with another woman. And on the flip side, a woman would not be able to reply on her husband’s adultery if he had been having an affair with another man. There have been situations across the country whereby the spouse who has been cheated on and left feeling terrible cannot even rely on the relevant fact to initiate his/her divorce proceedings.