How do you get divorced in a same sex marriage?
15th June, 2026
Going through a divorce is incredibly difficult for everyone involved. Many people recognise that the practical and personal circumstances surrounding same sex divorce and civil partnership dissolution can differ significantly.
However, the divorce process for same-sex marriages, and the dissolution of civil partnership process, are identical to their respective opposite-sex processes.
From providing expert legal advice on same sex divorce to helping you with achieving amicable divorce, our specialist divorce solicitors at Ward Hadaway are here to help you and your partner through this difficult time, no matter whether you are going through a divorce or dissolving your civil partnership.
Same-sex marriage and civil partnership
Same-sex marriage is legal in all parts of the UK.
The Marriage (Same Sex Couples) Act 2013 was passed on 17th July 2013 in England and Wales, and the first marriages of same-sex couples took place on 29th March 2014, with the legislation passed earlier in that month. In Scotland, same-sex marriage legislation was passed in February 2014, taking effect in December of the same year. Legislation to allow same-sex marriage passed in July 2019, with the first ceremony taking place in February 2020.
Same-sex marriage in UK churches depends on the denomination, as there is no single rule across all faiths. While some groups fully permit same-sex weddings, like The Methodist Church and United Reformed Church, others – such as the Roman Catholic Church and the Church of Scotland – strictly forbid them, or only offer blessings instead of legal marriage, including the Church of England and Church in Wales.
Civil partnerships are also legally recognised relationships in the UK.
Initially restricted to allow only same-sex couples to form civil partnerships under the Civil Partnership Act 2004, the act was altered to include opposite-sex couples in 2019. Civil partners are entitled to many of the same rights as married couples, including:
- property rights or tenancy rights
- social security and pension benefits
- the ability to exercise parental responsibility for a partner’s children
- next-of-kin rights in hospitals
- full life insurance recognition
If a civil partnership breaks down, the relationship is officially ended through a legal process known as dissolution, rather than divorce itself, but the process is nearly identical to the divorce process.
You do not need to assign blame for both civil partnership dissolution and divorce – this is known as no fault divorce and dissolution.
Ward Hadaway’s expert divorce solicitors can support you through the divorce process or dissolution of civil partnership. From helping you to understand what happens to a business you built before marriage to being aware of your rights as a parent when you divorce or separate, we are here to help you through this difficult time.
The same sex divorce and dissolution process
The same sex divorce and dissolution processes in England and Wales are legally identical to the process used for opposite-sex couples.
To be eligible for a divorce or dissolution, you and your partner must be married or civil partners for at least one year before applying and be able to state that the marriage has irretrievably broken down, with no fault divorce meaning neither party needs to assign blame.
Application to the Court
To begin the divorce and dissolution process, you must apply to the court, either online or by post. This can be completed by one partner or both, if you are making a joint application.
Joint applicants can switch to an individual application if they can no longer work together, but individual applicants cannot change their application to a joint one.
To apply for a divorce or dissolution, you will need your original marriage certificate and pay the Court fee of £612. You can apply for a fee reduction if you are on a low income or certain benefits. If you are making a joint application, you and your partner must decide how to split the cost.
For individual applications, an Acknowledgement of Service, which includes a divorce petition and an AOS form, will be sent to the Respondent, who then has 14 days to complete and return these documents to court. There is no AOS stage for joint applications, as both parties are involved in the preparation of the divorce application.
Cooling off period
There is a mandatory 20-week minimum reflection period, sometimes referred to as a cooling off or wait period, which starts when the divorce application is issued.
During this time, both parties have the time to reflect on whether a divorce or dissolution is the right decision. Couples often begin to make appropriate arrangements for children and discuss the division of their finances.
Application for Conditional Order
Once this 20-week period has passed, and you have received an acknowledgement of service, you are able to apply for the Conditional Order, which will be reviewed.
If the application is approved, the court issues a Certificate of Entitlement, which shows that the Judge is satisfied that the couple are entitled to a divorce or dissolution and states that the court sees no legal reason why you cannot get divorced, or why your civil partnership cannot be dissolved.
You and your partner will now enter a second wait period which lasts for a minimum of six weeks and one day before you can apply for a Final Order. During this time, you should consider legal advice from expert divorce solicitors or civil partnership dissolution solicitors who can support you with legally binding documents, like preparing a Consent Order to set out any agreed financial settlement after divorce.
A Financial Consent Order must be prepared and presented to the court for approval if you want it to be legally binding, and there may be financial consequences should you need this order but do not apply for it ahead of the Final Order being made.
Our divorce solicitors can provide support on all aspects of an appropriate financial settlement, including crypto in divorce and any hidden assets.
Application for Final Order
When the six-week period is complete, you can officially apply for the Final Order, which is the legal document that officially ends your marriage or civil partnership.
Once the application for the Final Order has been made, the court will often issue it within one to two days.
When you receive this Final Order, your marriage or civil partnership has legally ended.
How long does the divorce or dissolution process take?
Because of the mandatory 20-week cooling off period, a no fault divorce or dissolution will take a minimum of six months. However, sorting financial arrangements through the court can take significantly longer, usually meaning the process lasts for around 12 to 18 months instead.
When agreeing financial matters, choosing out-of-court dispute resolution vs court-led proceedings can make the divorce or dissolution process quicker. Resolving disputes outside of court can include collaborative divorce, trying mediation or using Ward Hadaway’s One Lawyer service launched to support amicable divorces.
These Non-Court Dispute Resolution (NCDR) methods can help you settle finances, assets and child arrangements without going to court, and can help you understand how to handle emotional burnout during a divorce.
Handling financial settlements and child arrangements
A good divorce still needs a financial settlement and a clear understanding of child arrangements, since supporting children through a divorce or dissolution and ensuring they are comfortably provided for is crucial.
In any divorce or dissolution process, assessing needs, income and contributions over the entire relationship – including any period of pre-marital cohabitation – is a key aspect in organising financial settlements. Under the Matrimonial Causes Act 1973, the court’s primary goal is to meet the needs of both parties, with first consideration given to any dependent children. This can be done through direct negotiation between yourselves, or, if you cannot agree, mediation, solicitor negotiation or the court route are alternative options.
Whichever route you take, you must formalise your agreement to ensure financial ties are legally severed. From spousal maintenance to a clean break, there are several options that can be considered to secure the appropriate settlement for you.
The divorce process, or dissolution of civil partnership, can be even more difficult if children involved, especially if you are navigating divorce with neurodiverse children. However, whilst the child’s welfare and best interests are the court’s primary consideration, there can often be more complexities in same-sex divorce or dissolution, especially if only one partner is biologically related or legally recognised as the parent.
If both parents cannot agree on where the child will live or how much time they will spend with the other parent, they may need to apply to a Family Court for a Child Arrangements Order. It is important to be aware of shared parenting agreements, which can be completed without going to Court, or with the help of specialist divorce solicitors.
Ward Hadaway’s divorce solicitors can help with same sex divorce and dissolution
Going through same sex divorce and dissolution can be extremely difficult, and sometimes made even more complex if you have certain assets to deal with or children to take care of.
At Ward Hadaway, our expert divorce solicitors have extensive knowledge of and experience in dealing with high conflict divorces and civil partnership dissolution. They can provide the legal advice you need to ensure you are well equipped to approach this difficult time.
Contact us for a confidential chat.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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