Same-sex Marriage: US (Utah's) Setback

Whilst we head towards the first #samesexmarriages in the UK things are not so smooth for our friends in the US
http://www.newyorker.com/online/blogs/comment/2014/01/a-setback-for-same-sex-marriage.html?utm_source=dlvr.it&utm_medium=twitter …

Equal Marriage (of sorts) - Gay Marriage becomes legal in England and Wales

Following our blog earlier in the year where we reported on the progress of the Marriage (Same Sex Couples) Bill we are delighted that the Bill has now received royal assent. After much debate and somewhat of a furore, this means that same sex marriage is now law, even though the first UK same sex marriages won’t take place until Spring 2014 once all the procedures and paperwork have been put in place.
Perhaps unsurprisingly there is some confusion around what the changes in the law actually mean. The key points to note are as follows:
1. It will be legal for couples of the same sex to marry in England in Wales.
2. Same sex couples can have a civil or religious wedding, but can only have a religious wedding if the relevant religious group decides to ‘opt in’ (which every religious group except the Church of England can do).
3. Civil partnership will remain an option for same sex, but not heterosexual, couples. (The legal differences between marriage and civil partnership are minimal in practice).
4. Same sex couples already in a civil partnership can convert their civil partnership into a marriage if it was registered in England and Wales. This will not apply to couples who registered a civil partnership in Northern Ireland, Scotland or abroad (who will not be able to marry unless they dissolve their civil partnership first).
5. For those splitting up, adultery is not a ground for dissolving a civil partnership and is only a ground for dissolving a same sex marriage if the adultery takes place with a member of the opposite sex (although in practice unreasonable behaviour usually gives grounds for dissolving a relationship where there has been infidelity anyway).
6. There is no international harmonisation of how or if a same sex marriage will be recognised in other countries. However, it is likely that a same sex marriage will be recognised in countries where same sex marriage is legal (such as France which has recently undergone similar changes).
The change in the law is certainly welcomed by us at NGA but the rules are undoubtedly complex. There has already been controversy over the decision to allow religious groups to opt in but this doesn’t apply to the Church of England. It seems an awkward concept that same sex couples are to be able to enter into a civil partnership but for there to be no option for heterosexual couples to do likewise.
There will be complex questions from couples in England and Wales who have married or registered a civil partnership abroad as to how their relationship will be recognised in England and Wales. Similarly, relocating couples will need to know whether their marriage will be recognised abroad. This will impact on issues such as tax planning or the breakdown of the relationship.
Much like with our campaigning work for a global harmonisation of surrogacy laws we feel that a more universal approach to same sex marriage is needed, but this is herculean task at a global level. In the meantime, UK same sex marriage is a huge step in the right direction.
Here at NGA we specialise in helping alternative families and have a strong background in cases involving the breakdown of relationships. We help with civil partnership dissolution, divorce and disputes relating to children and financial matters. We also help with pre registration and pre nuptial agreements to give clarity and prevent disputes in the future. If you would like to discuss your circumstances with us please contact Richard Perrins for more information.
Family Disputes Pre Nuptial Agreements Divorce and Civil Partnership Dissolution Financial matters

Marriage (Same Sex Couples) Bill

Here at NGA we are keeping a close eye on the Marriage (Same Sex Couples) Bill and its progress through Parliament. The Bill has attracted much public interest this year after passing its second reading in the House of Commons on 5 February 2013 (with a majority of 400 to 175) and now having passed the committee stage on 12 March 2013. This blog is the first of a series as we track the passage of the Bill and the impact it may have.

What does the Bill do?

If passed, the Bill will finally give same sex partners in England and Wales the right to marry. It is currently unlawful in the UK for gay and lesbian couples to legally marry although since 2005 same sex couples have been able to enter into a civil partnership, which gives equivalent legal rights without the badge of ‘marriage’. The new legislation will not only enable same sex couples to marry but also, if they choose, to convert their existing civil partnership into a marriage.

At NGA we have long campaigned for equal rights for same sex couples and we welcome the upcoming changes. Whilst the introduction of the Civil Partnership Act in 2004 was hugely significant, it is not right to draw a distinction between marriage for straight couples and civil partnership for same sex couples. ’Separate but equal’ is a discriminatory approach in principle, in just the same way US racial segregation was in the 1950s.

Civil partners vs spouses: will it make a difference?

We help alternative families in a number of ways at NGA and are interested to see how the upcoming changes may affect same sex couples, in particular couples involved in a relationship breakdown.

Following the introduction of the Civil Partnership Act 2004 couples have been able to bring their civil partnership to an end by petitioning to the court for a Civil Partnership dissolution. If the Bill is passed, same sex couples who have married or converted their civil partnership into a marriage will be able to get divorced, like married heterosexual couples. In practical terms this may make little difference as the way the court deals with untangling things is likely to be broadly the same. One quirk of the rules (which will continue) is that is the petitioning party (the partner bringing the divorce proceedings) will not be able to allege adultery unless his or her partner had committed adultery with a member of the opposite sex. However, the other grounds for heterosexual divorce – unreasonable behaviour, 2 years separation (with consent), 5 years separation and desertion – will also be available.

In respect of resolving the financial matters which arise out of relationship breakdown, it is not known yet what, if any, impact the change in the law will have. There is already little difference as currently the factors the court uses to determine financial matters under the Civil Partnership Act are identical to those used for married couples. This approach was tested and confirmed by the Court of Appeal last year in the case Lawrence v Gallagher (2012). The case involved a same sex couple who were asking the court to determine their financial situation. As this one was one of the first reported cases testing the Civil Partnership Act 2004 the court considered whether the approach should be different from that for divorce. The court confirmed the approach of the court would be the same due to the similarities in the wording in the two Acts, although recognised that every case would be fact-specific. It is highly likely therefore that the law will remain the same in this regard for same sex marriages when dealing with financial disputes.

However, even if the law is the same, same sex relationships less frequently involve the traditional constructs of straight marriages and this can have a big impact on how the finances are divided in practice. If there are children involved, there may also be challenging sensitivities as to unequal biological or legal parentage. Even if the ground-rules of the law seem the same, this means that getting advice from specialists can make an enormous difference. For more information on Civil Partnership breakdown, divorce and children matters you can find more here. At NGA we specialise in family disputes and are recognised as leading specialists in family law for same sex couples. For those who want more information about entering into a civil partnership or marriage we can assist with pre and post nuptial agreements.

It remains to be seen what affect the Bill will have from a legal perspective and we will be monitoring it closely but for now we are pleased to see the progress that has been made. It’s a big step in the right direction.