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Family law guide
Part of: Same-Sex Divorce and Dissolution
The Marriage (Same Sex Couples) Act 2013 made the marriage of same sex couples lawful in England and Wales. Couples could marry from 29 March 2014. In law, a same-sex marriage has the same effect as any other, subject to limits the Act sets out.
This guide explains what the Act changed and when each part came into force. It also covers religious weddings, civil partners who want to marry and what the Act means if your marriage is ending. It deals with England and Wales only, because Scotland and Northern Ireland have their own marriage rules. For divorce in general, start with our divorce specialists page.
Separating after a marriage or a conversion, and unsure which dates count? You can book a free initial consultation with one of our family law specialists.
It opened marriage to same-sex couples in England and Wales and made that marriage equal in law. Section 1(1) says that marriage of same sex couples is lawful. Section 11(1) then gives it the same effect as marriage of an opposite sex couple.
People often call it the gay marriage law, or simply the same sex marriage act. The statute speaks of same sex couples, so it covers two women and two men alike. It received Royal Assent on 17 July 2013, although most of it only came into force in 2014.
Beyond the wedding itself, the Act made four further changes that still matter to families today:
Nothing changed unless the couple chose to act. Civil partnerships carried on as before, and from 10 December 2014 same-sex civil partners could convert theirs into a marriage.
On conversion, the civil partnership ends. The law then treats the marriage as having existed since the partnership began (s.9(6)). GOV.UK confirms that your new marriage certificate carries the date your civil partnership began. Conversion is only open where both partners are the same sex (s.9(2A)), and it works in one direction. Our guide to civil partnership vs marriage covers the steps and costs, and where the two still differ.
Couples could give notice from 13 March 2014. The first same-sex weddings in England and Wales took place from 29 March 2014. The Act had become law on 17 July 2013, and the government then brought it into force in stages.
| Date | What changed | Source |
|---|---|---|
| 17 July 2013 | Royal Assent: the Bill became law, but it was not yet in force. | GOV.UK |
| 13 March 2014 | Section 1 in force, so couples could give notice. The law began to recognise same-sex marriages from abroad as marriages, having treated them as civil partnerships until then. | SI 2014/93, arts 3 and 4 |
| 29 March 2014 | The first same-sex weddings in England and Wales. | GOV.UK |
| 3 June 2014 | Weddings at some British consulates and armed forces bases overseas, and in military chapels. | SI 2014/93, art. 5 |
| 10 December 2014 | Civil partners could convert to marriage, and married people could change legal gender without ending the marriage. | SI 2014/3169, art. 2 |
| 6 April 2022 | No-fault divorce for every married couple, which ended the Act’s special adultery rule. | Matrimonial Causes Act 1973, s.1 |
The gap between notice and the first weddings came from the notice period. In March 2014 that was at least 16 days for most marriages. The rules have changed since then, and our guide to giving notice of marriage sets out the current process. Same-sex couples marry under the same conditions as everyone else, including the minimum age of 18. Our page on the legal age of marriage explains that rule.
Yes, where the religious organisation has opted in. A same-sex couple can marry in a place of worship only if the organisation’s governing authority has given written consent. The building must also be on the register for same-sex weddings (s.4 of the 2013 Act, which added s.26A to the Marriage Act 1949).
The law cannot force anyone, including a religious organisation, to conduct or take part in a religious same-sex wedding (s.2). The same section amended the Equality Act 2010, so a refusal for that reason does not breach it.
The Act deals with the Church of England and the Church in Wales separately. The Act did not extend any duty of their clergy to marry people to same-sex couples (s.1(4)). For the Church in Wales, it also set a route. If its Governing Body resolves that the law should change, the Lord Chancellor must make an order to allow it (s.8). Meanwhile, a civil ceremony is open to every same-sex couple. The legal effect is the same whichever ceremony you choose.
Very little: a same-sex marriage ends by the same no-fault divorce as any other (Matrimonial Causes Act 1973, s.1). The Act did write two differences into divorce and annulment law, and only one of them still applies.
The first was adultery. From 2014, the Act limited adultery to conduct with a person of the opposite sex (Schedule 4, para 3). That rule went on 6 April 2022, when a new no-fault section 1 replaced the old one. Today no married couple has to prove fault. Our guide to same-sex divorce and dissolution walks through the steps.
Conversion also matters when a couple divide their money. A converted marriage counts from the day the civil partnership began (s.9(6)), so the longer period is the one in play. The court must weigh the duration of the marriage when it decides financial claims (Matrimonial Causes Act 1973, s.25(2)(d)).
Yes, but not for non-consummation. The two non-consummation grounds in the Matrimonial Causes Act 1973 do not apply to a same-sex marriage (s.12(2)). Other grounds in s.12(1), such as a lack of valid consent, still apply. If you converted a civil partnership, section 12A applies instead. It asks whether one of those grounds applied on the day the civil partnership was formed.
The annulment grounds are specific, so most couples who separate use divorce instead. Our guide to marriage annulment explains how the two differ. Our page on what it means to consummate a marriage covers that ground in more detail.
We advised a man whose husband asked for a divorce a few years after they converted their civil partnership. His husband’s first proposal on the home and pensions counted the marriage from the conversion, which made it look short. We showed him that the marriage certificate carried the date they formed the partnership. The law counts the marriage from that day. The negotiation then started from the full length of the relationship. Every case turns on its own facts.
Three answers show where your marriage stands under the Act, the route that fits and what to gather first. Your answers never leave this page, and it keeps no record of them.
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Before you agree anything about money, look at the date on your marriage certificate. After a conversion it should show the day you formed your civil partnership. The length of your marriage runs from that date. If your spouse's figures start from the conversion instead, raise it at the outset. A proposal is far harder to unpick once you have accepted it. Keep the old civil partnership certificate with it, so nobody can argue about the dates later.
Hannah Overton, Complex Children Specialist & Client Support
The gay marriage law for England and Wales is the Marriage (Same Sex Couples) Act 2013, which became law on 17 July 2013. Couples could give notice from 13 March 2014, and the first same-sex weddings took place from 29 March 2014.
Yes. The law cannot force anyone, including a religious organisation, to conduct or take part in a religious same-sex wedding (s.2). A place of worship can only hold one if its governing authority has opted in with written consent.
No. Conversion is a choice for same-sex civil partners. A civil partnership you do not convert carries on as before, and if you do convert, the marriage counts from the day you formed the civil partnership (s.9(6)).
Yes. Since 13 March 2014, the law here does not refuse to recognise a marriage under another country's law just because the couple are the same sex (s.10). Before that date, the law treated such marriages as civil partnerships.
Yes, since 10 December 2014. A married applicant can receive a full gender recognition certificate if their spouse consents to the marriage continuing. The rule is in the Gender Recognition Act 2004, s.4(2).
Two things often go wrong at this stage. The first is counting the marriage from the conversion date, when the law counts it from the day the civil partnership began. The second is treating a pre-2014 marriage from abroad as a civil partnership. The law here has recognised it as a marriage since 13 March 2014, so it ends by divorce.
If the Marriage (Same Sex Couples) Act 2013 affects your dates or your options, talk to us before you agree anything. A free initial consultation is a conversation with a specialist, who gives you initial advice tailored to your circumstances. It does not include drafting or reviewing documents.
Book a free initial consultation or call 0330 094 5880.
You can also read our guides to same-sex divorce and dissolution and to dissolving a civil partnership. Our divorce specialists page covers divorce more widely.
General information about the law in England and Wales, not advice on your circumstances.
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