FAMILY & RELATIONSHIP LAW

LGBTQ+ Family Law

Expert Family and Relationships Solicitors

LGBTQ+ couples and their families have just as many situations where they would need a Family Law Solicitor as straight couples and families.

Our expert Family and Relationships team can help all couples with any kind of Relationships Law legal issues. Whether that is Cohabitation agreement, Pre-nups, Post-nups, Separation, Divorce or otherwise, our team are ready to assist.

Family Law is an important part of life for many people, no matter who you are. Entering into a civil partnership, marriage, cohabiting, separation, divorce or changing your name are big deals and merit the best advice to protect your interests. Our team of expert Family Law Solicitors will give you whatever support and advice you need. Get in touch with our team today on 0330 912 8338.

What LGBTQ+ family law related services do we provide?

All of the Family Law services that our team of expert Family Law Solicitors provide, also apply to our LGBTQ+ clients as your relationships are just as represented in law whether that is:

  • Pre-nups
  • Post-nups
  • Cohabitation/Living Together Agreements
  • Change of Name
  • Separation Agreements
  • Financial Settlements
  • Children Arrangements
  • Gender Recognition Certificates

For further information about our services you can contact our team on 0330 912 8338.

LGBTQ+ Family Law FAQs

What is an LBGTQ+ Divorce?

In the United Kingdom, same-sex marriage has been legal since 2014, and the divorce process for same-sex couples is the same as it is for opposite-sex couples. The legal requirements for divorce are the same for all couples, regardless of sexual orientation. Child residence agreements, child contact arrangements, property division, and financial matters are also determined in the same way as they are for opposite-sex couples. If you’re interested in knowing more about divorces, click here to visit our divorce and separation page.

LGBTQ+ Cohabitation Agreements, what’s the difference?

Living together agreements, also known as cohabitation agreements, are legal agreements that outline the rights and responsibilities of individuals who are living together but are not married or in a civil partnership. These agreements can be particularly important if you are living with someone but not married or in a civil partnership, as you won’t have the same legal obligations and protections as married or civil partnered couples.

A living together agreement can cover a range of issues, such as property ownership, financial responsibilities, and plans for the future in case the relationship ends. It can also cover things like pet custody, division of household items, and other matters that may be important to the individuals involved.

What are LGBTQ+ Prenuptial Agreements?

A prenuptial agreement, also known as a prenup, is a legal document that outlines the rights and responsibilities of individuals in a marriage or civil partnership, particularly in terms of property and financial matters.

Prenuptial agreements can cover a range of issues, such as property ownership, financial responsibilities, and plans for the future in case of divorce or dissolution of the partnership. They can also include specific provisions for things like inheritance and debts. Prenups can also be beneficial for individuals who have children from previous relationships, or have significant wealth or assets to protect.

It’s important to note that prenuptial agreements are usually legally binding in the UK, but this is subject to certain conditions. For example, they must not be a fair or discriminatory towards children; they must be made voluntarily and with full disclosure of financial information; and they must not be entered into too close to the wedding date. It’s always recommended to seek legal advice before signing a prenuptial agreement.

For more information about prenuptial and postnuptial agreements, click here.

What legal rights do same-sex couples have when it comes to marriage and civil partnerships?

Same-sex couples in England have the same legal rights as opposite-sex couples when it comes to marriage and civil partnerships. You can register your relationship as a civil partnership or get married, and enjoy the same legal protections and benefits.

Can a same-sex couple adopt a child in England?

Yes, same-sex couples can adopt a child in England. Adoption agencies cannot discriminate on the basis of sexual orientation, and same-sex couples are assessed in the same way as opposite-sex couples.

Can a same-sex couple have a child through surrogacy in England?

Yes, same-sex couples can have a child through surrogacy in England. However, the legal process can be complex, and it is important to seek legal advice before embarking on the process.

What are the legal rights of a non-biological parent in a same-sex relationship?

The non-biological parent in a same-sex relationship can acquire legal parental responsibility through adoption, surrogacy, or a parental order. This gives them the same legal rights and responsibilities as the biological parent.

What happens to a same-sex marriage or civil partnership if one partner dies?

The surviving partner in a same-sex marriage or civil partnership has the same legal rights as a surviving spouse or civil partner in an opposite-sex relationship. They may be entitled to inherit the deceased partner’s estate and receive certain benefits. We encourage everyone to make a Will to ensure that your wishes prevail should the worst happen.

Can a same-sex couple get a prenuptial agreement in England?

Yes, same-sex couples can get a prenuptial agreement in England. Prenuptial agreements are legally binding and can help to protect assets in the event of a divorce or disolution.

How is child support calculated in England or Wales?

Child support is calculated based on the income of the non-resident parent and the number of children they are responsible for. The Child Maintenance Service has a formula for calculating child support, but parents can agree on a private arrangement if they wish.

What factors are considered in determining custody arrangements for children?

The primary consideration in determining residence arrangements for children is the best interests of the child. Other factors that may be considered include the child’s wishes, the parents’ ability to provide care and support, and any history of abuse or neglect.

What is a restraining order and how does it work?

A restraining order is a court order that prohibits a person from contacting or harassing another person. It may also require the person to stay away from certain places or to refrain from certain actions. Breaching a restraining order is a criminal offence.

How is property divided in a divorce?

In England and Wales, property is divided based on the principle of fairness. This means that each spouse is entitled to a fair share of the assets, regardless of who owns them. Factors that may be considered include the length of the marriage, the contributions of each spouse, and the financial needs of each spouse and children of the relationship

Can a same-sex couple get a divorce in England and Wales?

Yes, same-sex couples can get a divorce in England and Wales. The process is the same as for opposite-sex couples, and the same grounds for divorce apply.

Meet our Team of Family and Relationship Solicitors

Atkins Dellow is member of

resolution family department

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