There are various legal matters associated with family life that may lead you to instructing the help of a family law solicitor. Depending on your relationship status and family structure, same sex couples will have different legal rights and responsibilities.
In this article, we will look at some of the most commonly asked questions by same sex couples:
- What rights do I have in a same sex marriage?
- What are the grounds for divorce in a same sex marriage?
- What is a civil partnership?
- How do I end my civil partnership?
- How do I establish parental responsibility?
- Who has parental responsibility?
- What happens when we use an egg or sperm donor?
If you are in a same sex couple and are looking for legal advice tailored to your specific circumstances, get in touch with our specialist family lawyers here [LINK].
What rights do I have in a same sex marriage?
Under the Marriage (Same Sex Couples) Act 2013, same sex marriages are regarded as having the same legal recognition as opposite sex marriages, meaning the couple have the same rights and obligations. This entitles same sex couples to pension rights if their spouse dies as well as recognition of the marriage in certain countries overseas. Under the 2013 Act, a same sex couple can also convert their civil partnership to a marriage.
What are the grounds for divorce in a same sex marriage?
If there is an irretrievable breakdown in the relationship, same sex divorce follows the same process as opposite sex divorce. For same sex couples, the permissible grounds for divorce are:
- Unreasonable behaviour
- Desertion by one party for at least two years
- Separation for two years with the consent of both parties
- Separation for five years, even if one party does not consent
- Adultery
It’s important to note that adultery is defined in law as sexual intercourse with someone of the opposite sex outside of the marriage, meaning you cannot claim adultery if the act happened with someone of the same sex. In these circumstances, however, it is possible this could fall under the ground of unreasonable behaviour.
What is a civil partnership?
A civil partnership is a legally recognised relationship that provides couples with similar rights to those in a marriage, for example, the ability to apply for parental responsibility of a partner’s child. However, there are key differences between a marriage and civil partnership, such as how it is registered. Unlike a marriage which is solemnised by vows, a civil partnership does not require words to be spoken, only the signing of a civil partnership document.
How do I end my civil partnership?
If a same sex civil partnership breaks down and the couple wants to separate, they must get a court order allowing this. This is done via either:
- A separation order if the civil partnership has lasted a year or less. Once a separation order is granted, it is not possible to enter into another civil partnership without getting a dissolution order first.
- A dissolution if the civil partnership has lasted longer than one year. The legal process and grounds for ending a civil partnership are similar to those in a divorce.
Parental rights and responsibilities
There are likely to be legal intricacies when it comes to children within a same sex relationship. There are various ways that a couple can have children; ranging from one partner having had them in a previous relationship, via adoption [LINK], surrogacy or sperm/egg donation.
How do I establish parental responsibility?
A major concern for same sex couples can be establishing parental responsibility in relation to any children in the relationship. Parental responsibility gives a person the legal right to make important decisions about a child’s upbringing and care, including issues such as where they live, their education and their religious upbringing.
Who has parental responsibility?
When a child is born, the child’s birth mother will generally have parental responsibility as an automatic right. If the child is adopted, then the person(s) adopting the child will be granted parental responsibility and the birth parents lose this right.
Stepparents can be granted parental responsibility either with or without the consent of others with this right. Same sex couples can also adopt or use a surrogate in the same way as an opposite sex couple and the issue of parental rights has to be considered in each case.
What happens when we use an egg or sperm donor?
Parental responsibility differs where a couple uses an egg or sperm donor. Even with a donated egg, the birth mother is automatically a legal parent. With a married couple or those in a civil partnership, the non-birthing partner automatically gains parental responsibility. If this is not the case, then the birth mother has automatic responsibility, but the non-birthing partner will have to apply to adopt. The donor will only have parental rights if the baby is conceived to a non-married or civil partnership couple outside of a UK licensed fertility clinic.
Contact our specialist Family Lawyers today on 020 3993 0959 or complete our online enquiry form.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Lewis Nedas Law professionals will be pleased to discuss resolutions to specific legal concerns you may have.
