The Same-Sex Divorce Process

Claire Andrews

Understanding same sex divorce isn’t just about legal steps — it’s also about recognising the unique challenges that LGBTQ+ couples might face when a marriage or civil partnership comes to an end. While the law now treats all marriages equally, couples facing a same sex divorce may still find the process emotionally and practically complex. This guide explains how divorce or dissolution works for same-sex couples under current law in England and Wales.

What happens when a same-sex relationship breaks down?

When any relationship ends, it can be emotionally and legally complex, and same-sex couples are no exception. If you’re married, you’ll need to apply for a divorce in the same way as any other married couple. If you’re in a civil partnership, the legal process is called a dissolution.

Both processes follow similar steps and are governed by the same principles, including the no-fault divorce rules introduced in 2022. Whether you’re separating after a few years or a much longer relationship, it’s important to get clear legal advice tailored to your circumstances.

What makes same sex divorce unique?

While the legal process of same sex divorce is now identical to that of opposite-sex couples, there are still unique personal and practical challenges that may arise. For example, couples in a same-sex relationship may have been together for many years before they were legally allowed to marry, meaning pre-marital assets or property divorce may become points of contention.

In some cases, same-sex couples may also face complexities around family acceptance, social stigma, or cultural pressures — all of which can affect how the divorce unfolds emotionally and practically. These factors often require sensitive handling from both legal representatives and support networks.

How do you get divorced as a same-sex couple?

The new no-fault divorce laws and the removal of the previous five “grounds” simplify the process, whether you’re going through a same sex divorce or ending an opposite-sex marriage.

In the eyes of the law, same-sex marriage is exactly the same as opposite-sex marriage. Since the introduction of no-fault divorce in April 2022, either party can apply for a divorce on the ground that the marriage has broken down irretrievably. There is no longer a need to rely on facts such as unreasonable behaviour or separation.

It’s also important to note that adultery as a legal ground no longer plays a role under the new no-fault rules. If one party has been unfaithful, this can still be relevant when discussing financial settlements or child arrangements, but it is not needed for the divorce application itself.

The process for divorce is the same regardless of whether you are a same-sex couple or an opposite-sex couple. To start proceedings, the couple must have been married for at least a year and one party must file a divorce petition via the online divorce portal.  

• Looking for more information? You may want to read our step-by-step guide on getting divorced.

Can you contest a same sex divorce?

No. Since the introduction of no-fault divorce in April 2022, it is no longer possible to contest a divorce, including a same sex divorce. The statement that the marriage has broken down irretrievably is considered final, and the court does not require any further justification or proof. This change has made the legal process quicker, more straightforward, and less hostile for all couples, including same-sex partners.

How do you dissolve a civil partnership?

You end a civil partnership in England and Wales by applying for a ‘dissolution order’. The process is virtually identical to the divorce process. You’ll need to have been in the civil partnership for at least 12 months before applying for a dissolution, and since April 2022, the no-fault rules also apply to civil partnership dissolution. That means you no longer need to provide a specific reason — simply stating that the relationship has irretrievably broken down is enough.

If your partner agrees to the dissolution of your civil partnership, the court will review the papers and make a Conditional Order of dissolution. The conditional order is like a Decree Nisi in divorce. It shows that you are legally entitled to end the civil partnership.

After the Conditional Order is made, you must wait six weeks and one day (43 days) before you can apply for a Final Order. This legally ends the civil partnership in the same way that a Decree Absolute legally ends a marriage.

• Looking for more information? You may want to read Fertility & Parenting Law for LGBTQ+ Families

Choosing the right solicitor for a same sex divorce

Although the legal framework for divorce is now the same for all couples, a solicitor experienced in same sex divorce can provide tailored advice and emotional understanding of the issues that LGBTQ+ clients may face.

Claire Andrews is a specialist divorce lawyer with a particular emphasis on complex high net worth divorce cases often involving a trust element.  She is also featured in The Legal 500 as a recommended lawyer.

To speak with Claire, please call, or complete an online enquiry form.