Same-Sex Relationships

While same-sex couples are likely to face the same legal issues as any other couple, there are also a number of issues that are unique to LGBT relationships.

At Thornton Jones, our family lawyers are highly experienced in supporting same-sex couples, so can advise you on all of the legal issues you face, but during your relationship and if your relationship comes to an end.

We offer friendly, compassionate legal advice and guidance, with our ethos being centred on removing conflict from family law wherever possible. This means that even where there are complex and contentious issues that need to be unpicked, we can typically help you achieve a positive outcome without the need for court action.

Speak to one of our experts in same-sex family law now by calling 01924 290 029 or use our online enquiry form.

Our family law services for same-sex couples

We offer a wide range of family law services for same-sex couples, helping to support you through all of the legal issues surrounding your relationship.

Co-habitation agreements

With so many couples choosing to live together without marrying or entering a civil partnership, a co-habitation agreement can be a very good idea.

This can allow you to define how important practical issues will be dealt with, such as how rent or mortgage payments will be split and what rights either party will have over the shared home in the event that the relationship ends.

We can help you create a fair co-habitation agreement that works for both parties, helping to avoid conflict both during your relationship and if things don’t work out.

Pre-nuptial agreements & Pre-registration agreements

Whether you are getting married or entering a civil partnership, it can be a good idea to consider what would happen if your relationship were to end. This is often a particular concern for people marrying or entering a civil partnership later in life, especially where you already have children from a previous relationship to consider.

We can help you create a civil partnership agreement that ensures your long-term financial security and your children’s inheritance is secure, no matter how your relationship works out.

Same-sex divorce

Our divorce lawyers are highly experienced in all of the legal issues involved in divorce. We can guide you through the legal process of ending your marriage, as well as helping you with issues such as making a financial settlement and arrangements for children.

Civil partnership dissolution

Our family lawyers are highly experienced in civil partnership dissolutions, so can provide expert guidance for legal process, and help you to deal with separating your finances and other practical considerations, including for any children you have.

Same-sex family dispute resolution

We always aim to take a non-confrontational approach to resolving family law disputes, including those surrounding divorce, civil partnership dissolution and co-habitation disputes.

Our family law solicitors are experts in alternative approaches to family dispute resolution, allowing you to agree amicable solutions while avoid the need for court action wherever possible.

Options we can offer include mediation, collaborative law and arbitration, all of which can save you a significant amount of time, money and stress compared to going down the route of court proceedings.

Wills for same-sex couples

Whether you are married, in a civil partnership or cohabiting, it is vitally important to have a valid, up-to-date Will, especially if you have children. A Will makes clear exactly what you want to happen to your estate in the event of your death and ensures your loved ones will be properly taken care of after you are gone.

If you are married or in a civil partnership and do not have a Will, if you predecease your spouse/civil partner, they will automatically inherit the first £250,000 of your estate, plus half of everything above this. If you have children, they will inherit the remainder. If you have no children, you spouse/civil partner will inherit your whole estate, whatever its value.

However, if you are not married or in a civil partnership, your partner will not be entitled to any of your estate unless you have a valid will specifying otherwise. This makes it particularly important to create or update a Will to make your wishes clear.

Our friendly, expert Will writing solicitors can help you create a Will that ensures your wishes will be respected and your loved ones taken care of if the worst were to happen.

Click here to view our Same-Sex Family Law Fees

FAQs about Same-Sex Relationships

These questions cover some of the legal issues most commonly faced by same-sex couples in the UK, especially when it comes to family law, inheritance, and the legal recognition of relationships. The law in the UK has evolved significantly over the years to provide greater equality for same-sex couples, but it’s important for individuals to understand their rights and obligations, especially in complex matters like divorce, inheritance, and adoption.

Can same-sex couples create a pre-nuptial agreement in the UK?

Yes, same-sex couples can create a pre-nuptial agreement (often referred to as a “prenup”) in the UK. A pre-nup is a legal document that sets out how a couple’s assets and property will be divided in the event of a divorce or separation. This is available to both same-sex and opposite-sex couples, and while the agreement is not automatically legally binding, it can be upheld by a court if it meets certain criteria:

• It must be fair and reasonable.
• Both parties must have had the opportunity to take independent legal advice.
• The agreement must not leave one party in an unfair or financially vulnerable position.

While pre-nuptial agreements are not legally binding in the UK, courts will give them significant weight in divorce proceedings, provided the terms are fair and both parties had full knowledge of each other’s financial circumstances.

How is property and financial settlement handled in a same-sex divorce?

The process for dividing assets and financial settlements in a same-sex divorce is the same as for opposite-sex couples. In the event of a divorce, both parties are entitled to a fair financial settlement based on a number of factors, including:

• The length of the marriage or civil partnership.
• The financial and non-financial contributions made by each party.
• The needs of any children (if applicable).
• Each party’s future earning capacity and financial circumstances.

Courts will consider all assets, including property, pensions, and savings, and may order a lump sum payment, maintenance (spousal support), or property transfer. The matrimonial home and other property are treated as joint assets, regardless of who legally owns them.

Can a same-sex couple get a divorce or dissolution of their civil partnership in the UK?

Yes, same-sex couples can divorce or dissolve their civil partnership in the UK, and the process is very similar to that for opposite-sex couples:

• For married couples, the divorce process begins with filing a petition for divorce, which will be granted based on one of five grounds (adultery, unreasonable behaviour, separation for at least two years, desertion, or a five-year separation).
• For civil partners, the process is called dissolution, and it is similar to divorce. A couple can apply to dissolve the partnership on the grounds of separation or unreasonable behaviour.

Both types of proceedings can include a financial settlement, division of property, and arrangements for children (if any).

What happens if one partner dies without a will in a same-sex relationship?

If one partner in a same-sex relationship dies without a will (intestate), the surviving partner’s inheritance rights depend on whether the couple was married or in a civil partnership:

• Married couples and civil partners: The surviving spouse or partner will inherit a share of the estate under the rules of intestacy. The exact share depends on the value of the estate and whether there are children. If there are no children, the surviving spouse or partner typically inherits the entire estate.
• Unmarried couples: If a same-sex couple is not married or in a civil partnership, the surviving partner has no automatic right to inherit under intestacy rules. In this case, the surviving partner may have to rely on making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on the deceased. This highlights the importance of making a will to ensure that assets are distributed according to the deceased’s wishes.

Can same-sex couples adopt children in the UK?

Yes, same-sex couples can adopt children in the UK, and they have the same rights as opposite-sex couples when it comes to adoption. The law does not discriminate based on sexual orientation, and same-sex couples can adopt jointly or as individuals. The process involves:

• An adoption assessment, including interviews, home visits, and checks.
• The couple or individual must demonstrate they can provide a stable and loving environment for a child.
• The court will decide whether adoption is in the child’s best interests.

Same-sex couples are also eligible to foster children, and both partners will typically have legal parental rights once an adoption is finalised.

Why choose Thornton Jones’ family lawyers for same-sex couples?

Our family law team have decades of experience helping couples all over Yorkshire and the wider UK with all areas of family law, divorce and relationship breakdown. This allows us to offer clear, practical advice based on what we know works.

Our team includes Clare Thornton, who is a Resolution accredited specialist, family mediator, collaborative lawyer and family arbitrator (one of the only lawyers in the UK who can offer this service).

This expertise means we can find the perfect approach tailored to your situation, while allowing you all of the benefits of resolving your family disputes without resorting to court action.

We are accredited by the Law Society for Family Law and independently regulated by the Solicitors Regulation Authority (SRA).

Get in touch with our family law for same-sex relationships lawyers in West Yorkshire

Speak to our family law for same-sex relationships solicitors in Wakefield, Ossett, Garforth, Sherburn in Elmet or Mapplewell, West Yorkshire today by calling 01924 290 029 or ask a question using our online enquiry form.