Same-Sex Divorce in England & Wales: What to Know | LegalDocuments.co.uk

Overview

A same-sex divorce in England and Wales is, in legal terms, just a divorce. Since the Marriage (Same Sex Couples) Act 2013 came into force, married same-sex couples have used the same courts, the same forms and the same statutory rules as everyone else.

The no-fault reforms introduced under the Divorce, Dissolution and Separation Act 2020 then removed the old grounds such as adultery and unreasonable behaviour, replacing them with a single statement that the marriage has broken down irretrievably. Either spouse can apply alone, or the couple can apply jointly.

The process moves through an application, a 20-week reflection period, a conditional order, a further six-week wait, and finally a final order that formally ends the marriage. Civil partnerships follow a parallel process called dissolution rather than divorce, but the practical steps and timings are broadly similar.

Where same-sex couples sometimes need extra thought is around finances, pensions built up before same-sex marriage was legally available, and arrangements for children, particularly where only one spouse is the biological or legal parent. The legal rights are equal; the individual circumstances often aren't.

Key steps

1. Check whether you're divorcing or dissolving. If you're married, you'll apply for a divorce. If you entered a civil partnership and never converted it into a marriage, you'll apply for dissolution instead. The two processes are almost identical in practice, but the paperwork and terminology differ, so confirm which one applies to your relationship before starting anything.
2. Make the application online. Either spouse can apply on their own, or you can apply jointly through the online divorce service on gov.uk. You'll need your marriage certificate, your spouse's address, and the court fee. A joint application can feel less adversarial where the separation is amicable, but a sole application is equally valid and sometimes more practical.
3. Wait through the 20-week reflection period. The law builds in a minimum 20-week gap between the application being issued and the point at which you can apply for the conditional order. This time is designed to let couples reflect, agree arrangements for children, and start working out finances. It's usually the right moment to take proper guidance on the financial side.
4. Apply for the conditional order, then the final order. Once 20 weeks have passed and the court is satisfied with the paperwork, you can ask for a conditional order. After a further six weeks and one day, you can apply for the final order, which legally ends the marriage. Many advisers suggest not rushing to the final order until financial matters have been settled by a court order.
5. Sort out finances and children separately. The divorce itself doesn't divide money or decide where children live, those are handled through a financial consent order (or a contested financial remedy application) and, if needed, a child arrangements order. Getting a financial order sealed by the court is what actually gives you a clean break from your spouse's future claims.

Common questions