Same-Sex Divorce and Dissolution

Part of: Divorce Specialists

A same-sex divorce in England and Wales follows the same no-fault process as any other divorce, and a civil partnership ends through a matching process called dissolution. So if your marriage or civil partnership is ending, the steps, waiting times and money rules are the same for every couple. Our divorce specialists assist and advise at each stage. This page covers the law of England and Wales only.

What is often different is your story. Many couples formed a civil partnership first, converted it later, or lived together for years before the law let them marry. That history can shape the money side of a same-sex divorce, so it helps to understand it before you apply.

Reviewed by: Iblal Iqbal, Partner & Family Law Strategist, Kabir Family Law

Is a same-sex divorce legally different from any other divorce?

No. The same law covers every marriage in England and Wales. Same-sex couples have been able to marry here since March 2014 (Marriage (Same Sex Couples) Act 2013, s.1). When that marriage ends, you use the same no-fault divorce as everyone else. Since 6 April 2022, neither of you has to prove fault (Divorce, Dissolution and Separation Act 2020).

If you are in a civil partnership, you end it with a dissolution order instead of a divorce. The steps and waiting times are the same, and so is the one-year rule: you cannot apply until a year after you formed the partnership (Civil Partnership Act 2004, s.41). Our guide to dissolution of a civil partnership covers that route in more detail.

There is one rule written only for same-sex couples. If you married each other under the law of England and Wales, the court here can still hear your divorce when the usual residence rules do not give any court the power to do so, as long as that is in the interests of justice (Domicile and Matrimonial Proceedings Act 1973, Sch. A1, para. 2). That can matter if you now live in a country that does not recognise your marriage. A matching rule covers civil partnerships formed in England or Wales (Civil Partnership Act 2004, s.221).

Which same-sex couples do we help through divorce?

• You married, and the relationship has now broken down.
• You formed a civil partnership and want to end it.
• You converted a civil partnership into a marriage, and you are unsure how that affects the money.
• You lived together for years before you could marry, and you want that time to count.
• You married abroad, or you married here and now live abroad.
• You share children, and you want to know where the divorce ends and the questions about them begin.

How can our specialists help same-sex couples who are divorcing?

We start with your history, because that is where same-sex couples most often need care. First, we explain which process fits you, and whether a sole or joint application makes sense. Then we help you plan the order of the steps, so the money side is in hand before the final order. We also talk you through how the court may view your years together, and what records help to show them. Finally, if you share children, we explain how those questions sit alongside the divorce.

How does a same-sex divorce or dissolution work, step by step?

1. Check you can apply. At least a year must have passed since you married (Matrimonial Causes Act 1973, s.3). GOV.UK also says your marriage must be legally recognised in the UK, and that includes same-sex marriage.
2. Choose a sole or joint application. You can apply together if you both agree and you are not at risk of domestic abuse. If your ex stops responding, you can carry on alone.
3. Apply to the court. You apply online or by post, with a statement that the relationship has broken down for good. The court must accept that statement as proof. A court fee applies, and GOV.UK shows the current amount and help with fees.
4. Your ex replies. On a sole application, your ex has 14 days to respond. They can only dispute it for a genuine legal reason, not because they do not want it.
5. Wait 20 weeks, then confirm. After 20 weeks from the start, you confirm you want to go on and apply for the conditional order.
6. Sort out the money. If you want a binding money arrangement, GOV.UK says to apply to the court for it before the final order.
7. Apply for the final order. You can do this at least 6 weeks after the conditional order. Apply within 12 months, or you will need to explain the delay. GOV.UK says a divorce normally takes at least 7 months in total, and that is the same for a same-sex divorce.

Are you ready to apply for a same-sex divorce or dissolution?

Start with what you are ending, because that decides which process applies to you.

• A marriage. You need a divorce. The one-year wait counts from your wedding day.
• A civil partnership. You need a dissolution order. It follows the same steps and waits as a divorce.
• A civil partnership you later turned into a marriage. You need a divorce. Even so, the law treats your marriage as if it began when you formed the civil partnership.

Then look at what is true for you today:

• It is more than a year since you married or formed your civil partnership.
• You have your certificate or a certified copy, and a certified translation if it is not in English.
• You know whether to apply alone or together, because a joint application needs you both to agree.
• You have a rough list of what you each own and owe, including pensions.
• You know when you first set up home together, and you can show it.
• You plan to sort out the money before you apply for the final order.
• If you have a will, you know it still covers your spouse or civil partner until the final order.

If some of these are not true yet, that is normal at this stage. Next comes the part a list cannot do for you.

The calls a checklist cannot make for you

• Whether your years together before the wedding should count, and how to show them.
• Whether to apply alone or together, given how your ex is likely to respond.
• When to apply for the final order, so the money side is safe first.

These depend on the facts of your case, and they are easier to get right before you apply than afterwards. You don’t have to work them out alone. Instead, speak with our family law specialists in a free initial consultation, where you get initial advice tailored to your circumstances. Book a free initial consultation.

How are finances split in a same-sex divorce?

The court uses the same factors for every couple. For a marriage, they are in section 25 of the Matrimonial Causes Act 1973. For a civil partnership, the matching list is in Schedule 5, paragraph 21 of the Civil Partnership Act 2004. They include:

• each person’s income, earning power, property and savings
• what each of you needs now and in the near future
• the standard of living you shared before the breakdown
• your ages and how long the marriage or civil partnership lasted
• what each of you gave to the family, including care of the home and children

If you agree, a consent order makes the deal legally binding, according to GOV.UK. If you cannot agree, you can try mediation or ask the court to decide. Our guide to financial settlement after divorce explains those options, and they apply to civil partners too.

Do the years before your marriage count?

They can, and this is where same-sex couples most often have something extra to show. The length of the relationship is one of the factors above, so the start date matters.

• If you converted a civil partnership. The law treats the marriage as having lasted since the day you formed the civil partnership (Marriage (Same Sex Couples) Act 2013, s.9(6)).
• If you lived together first. Family Justice Council guidance says a stable period of living together that led straight into the marriage or civil partnership is likely to count as part of its length (Sorting out Finances on Divorce).
• If you could not marry at the time. Civil partnerships began in 2005 and same-sex marriage in 2014, so many long relationships started before either was possible. Keep proof of when you set up home, such as a joint tenancy, mortgage or bank account.

What can go wrong when same-sex couples divorce?

• Applying for the final order too soon. Once it is made, the marriage is over. So settle the money first, as GOV.UK advises, if you want a binding arrangement.
• Counting from the wrong date. If you rely only on your wedding date, you may understate a long relationship. Gather the records that show when it began.
• Trusting a handshake deal. An agreement between you is not binding until the court makes a consent order.
• Forgetting your will. Unless your will says otherwise, a gift to your spouse or civil partner only falls away when the final order ends the relationship (Wills Act 1837, s.18A, and s.18C for civil partners). Until then, your old will still applies.
• Waiting too long. If you leave more than 12 months after the conditional order, you will have to explain the delay.

What does the free initial consultation cover?

A free initial consultation is a conversation with one of our specialists, who gives you initial advice tailored to your circumstances. It does not include drafting or reviewing documents. To make the most of it, have your key dates to hand: when you married or formed your civil partnership, any conversion date, and when you first lived together. A rough list of what you each own and owe helps too.

Frequently asked questions about same-sex divorce

How long does a same-sex divorce take?

By law, you wait 20 weeks from the start before the conditional order, then at least 6 weeks before the final order. GOV.UK says a divorce normally takes at least 7 months, and the same waits apply to civil partnerships. However, sorting out the money can take longer, and it is wise to settle it before you apply for the final order.

Did the old divorce rules treat same-sex couples differently?

Yes, most clearly over adultery. Before 6 April 2022, only sex with someone of the opposite sex counted as adultery in divorce law, so it was often not an option for same-sex couples. Since that date, nobody needs to prove adultery or any other fault: a statement that the marriage has broken down for good is enough. Our guide to adultery and divorce explains how an affair is treated now.

What happens if we converted our civil partnership into a marriage?

You end it by divorce, because the conversion ended the civil partnership. The law then treats your marriage as having lasted since the day you formed the civil partnership. That matters when the court looks at how long the marriage lasted, so keep your civil partnership certificate as well as the conversion record.

Can my spouse or civil partner stop the process?

Not simply by saying no. GOV.UK says your spouse can only dispute a divorce for a genuine legal reason, not because they do not want it or want to delay it. If you do not both agree, you can make a sole application, and the same waiting times apply.

Can we divorce in England and Wales if we married abroad?

Often, yes. GOV.UK says your marriage must be legally recognised in the UK, and that includes same-sex marriage. The court must also have the power to hear your case, which usually depends on where you live or your permanent home. Our international family law specialists can explain how this applies to you.

Does divorce as a same-sex couple change arrangements for our children?

The divorce itself does not decide who is a legal parent or who has parental responsibility. For same-sex parents, those questions can depend on how your child joined the family, such as through fertility treatment, surrogacy or adoption. You can agree arrangements for the children alongside the divorce, while our guide to same-sex parents’ rights explains the rules.

Thinking about divorce or dissolution? Speak to a specialist before you apply

The order of the steps matters, especially the timing of the final order and the date your relationship began. Advice at the start can keep more options open. Book a free initial consultation, where one of our specialists gives you initial advice tailored to your circumstances. You can also read our guide to dissolution of a civil partnership, or return to our divorce specialists.

General information about the law in England and Wales, not advice on your circumstances.

Expert Tip

Couples who lived together for years before they could marry often ask whether that time counts. It can, but only if you can show it. Before you apply, gather proof of when you set up home together, such as a joint tenancy, mortgage or bank account. Keep any civil partnership and conversion certificates too. Without that history, the court may look at a much shorter relationship than the one you actually had.

Garry Steedman, Family Law Consultant (Divorce, Children & TOLATA)