Liverpool, UK (July 2013) – Same-sex marriage could lead to an entirely new list of family law services – including same-sex divorce for those marriages that do not survive.
Same-sex weddings could be taking place from summer 2014 onwards, following the news that the Marriage (Same Sex Couples) Bill received Royal Assent on Wednesday, July 17th 20131.
The Act includes a carefully constructed list of protections for same-sex couples wishing to marry, religious organisations that do not wish to carry out such ceremonies, transgender individuals and same-sex couples already in civil partnerships.
For those already in civil partnerships, there is the opportunity to convert the partnership to a marriage, while married individuals will now be able to change their gender in the eyes of the law, without first having to divorce.
Religious organisations – some of which had expressed concern that they could face legal challenges if they refused to marry gay couples – have been protected against such litigation.
And while there is still work to be done, women and equalities minister Maria Miller predicts that the first same-sex weddings could come in summer 2014.
Preparing the legal landscape
Same-sex marriage is likely to further enrich the varied landscape of family law Liverpool households traverse on a daily basis with the help of their barristers.
For instance, there is the potential for a same-sex marriage – like any other marriage – to end in divorce; but with no history of legal precedents relating directly to same-sex divorce, the first cases to arise will carry more historical weight than is usually the case.
Any custody battles that arise will also be interesting to watch progress, as the child is likely to be either adopted, born through surrogacy or sperm donation, or from a previous relationship with a member of the opposite sex.
This raises questions that will be difficult to answer in the short term, but which are ultimately likely to become as fundamental to family law as divorce and custody among heterosexual couples already are.
1First same sex wedding to be held by summer 2014, Government Equalities Office, July 2013
Contact:
Katie McCann
Atlantic Chambers, 4-6 Cook Street
Liverpool, UK
Zip: L2 9QU
Tel: 0151 495 1936
Email: info@directacccessfamilylaw.co.uk
Web: http://www.directaccessfamilylaw.co.uk/