Family law for gay men and lesbians

Hylton-Potts - London Based Law Firm Helping People Across the UK since 1999

Gay men and lesbians have legal needs that are sometimes different to those of heterosexuals.Civil partnership dissolution is similar to divorce.There are significant differences on the international issues of civil partnership, in same sex partnerships, especially for bi-national couples.

Pre-registration Agreements

Many same-sex couples are entering into a pre-registration agreement (similar to a pre-nuptial agreement) before registering a civil partnership to regulate their finances.

We can help you here – We are experienced advisors to help you with pre-registration agreements. The fixed fee is £595 + VAT

Parenting

gay and lesbian family law

The Human Fertilisation and Embryology Act 2008 is partly in force and provides for new paternity rights for lesbians and gay men. For the first time a woman’s partner can be the second parent of a child from birth.

Does this affect you?

Do you need legal advice on the next step?

Call us today 020 7381 8111

We can explain in clear English the ins and outs of law. We will help you understand your rights.

Avoiding the Courts

One way to try to make family law work for gay men and lesbians is to avoid litigation through the courts, where most judges will no doubt struggle to grasp the specific circumstances of the case.

The main way to avoid court proceedings is to try resolving the issues arising from relationship breakdown through either negotiation or mediation.

If this is the approach you wish to take, contact us today for a free legal consultation
[email protected] or call 020 7381 8111

Can I get a divorce, or dissolve my civil partnership in the UK?

English procedure can be summarized as follows.

A person has jurisdiction to apply for a divorce in England and Wales in any of the following circumstances;

  1. Both parties are habitually resident in England and Wales at the time the divorce proceedings are started.
  2. Both parties were last habitually resident in England and Wales and one of the parties still resides there at the time the divorce proceedings are started.
  3. The respondent is habitually resident in England and Wales at the time the divorce proceedings are started.
  4. The petitioner has been habitually resident in England and Wales for the 12 months before the divorce proceedings are started.
  5. The petitioner is domiciled in England and Wales and has been habitually resident there for six months before the divorce proceedings are started.
  6. Both of the parties are domiciled in England and Wales at the time the divorce proceedings are started.
  7. The petitioner or the respondent are domiciled in England and Wales at the time the divorce proceedings are started, and no other court of a “contracting state” to the European Convention known as Brussels II (see Brussels II) has jurisdiction.

If a person is able to satisfy one of the above categories, then there will be jurisdiction in England and Wales for that person to start divorce proceedings.

If you are in doubt about whether you can get divorced or other civil partnership dissolution in the UK, consult the experts –
For more information or a free legal opinion telephone 020-7381-8111 or email [email protected].


You may also find this PDF information on the Child Programme Arrangements useful.