What services do we offer?
We can help with same sex divorce, civil partnerships, cohabitation and pre-nuptial agreements for couples living together, financial settlements and legal issues surrounding children and family arrangements.
Living together – do same sex couples need a cohabitation agreement?
Cohabitating does not come with the same automatic legal protections as marriage or being in a civil partnership so the answer is a definitive ‘yes’.
A properly drafted cohabitation agreement can redress this imbalance, giving you clarity, certainty and security about finances, property, assets and children if your relationship does break down in years to come.
Do same sex couples need a pre–nuptial or pre-registration agreement?
Same sex marriages only became legal 10 years ago and civil partnerships just under 20 years ago.
This has meant that LGBTQ+ couples tend to tie the knot later with more time to build up assets and finances both together and separately. This makes a pre-nup or pre-registration agreement particularly important.
Using a specialist lawyer to draw this up gives it the best chance of meeting the criteria that ensures it’s valid in court if you do split up.
What happens if your same sex marriage has come to an end?
If you are divorcing or ending a civil partnership by dissolution, we’ll talk you through everything you need to know to resolve things amicably so you can move on with your life. This includes:
- Sorting out the finances – making sure everything relevant is disclosed and evaluated, including property and pensions, is crucial to ensure you receive a fair settlement and don’t lose out in the long term.
- Your children – at an emotional time, we’ll help you make future arrangements for your children, including looking at mediation and collaboration when reaching an agreement is difficult. If it does turn out that you need to apply to the courts, we’ll guide you through the process. This might be the case if a child is only biologically related to one parent, for example.
Is making a Will important for same sex couples?
Yes. Whether you’re married, in a civil partnership or living together, an up-to-date and correctly drawn Will is vital, particularly if you have children.
It’s an inexpensive way of making sure your loved ones are looked after in the event of your death and means you can detail exactly what you want to happen to your estate.
Without a Will, unmarried partners and those not in a civil partnership – no matter how long they have lived together as a couple – will not be able to inherit.
Get in touch
Taking advice at the earliest opportunity from a family lawyer with whom you feel comfortable, who can explain clearly your legal rights, responsibilities and what to expect, can make such a difference to the process.
Please contact any member of our Family Law Team for advice. We offer a free half hour consultation in most circumstances.
Wards Solicitors is endorsed as a South West leading firm in the independent Legal 500 list for 2024 having received overwhelmingly positive testimonials from clients.
