A Decade of Equality: The Journey of Same-Sex Marriage in England & Wales
It has now been 10 years since the first same-sex marriage in England and Wales took place on 29th March 2014. So now seems to be a good time to reflect on the legal landscape for LGBTQ+ couples. Our specialist family law team at Family Law Consultants regularly fields questions from same-sex couples about their marriages and children. This blog post aims to answer those common questions and provide valuable insights.
A Journey Towards Equality: Civil Partnerships and Same-Sex Marriage
The Civil Partnership Act 2004 marked a crucial step, granting same-sex couples legal recognition for the first time. However, the fight for true equality continued, as many couples yearned for the full legal and societal recognition that marriage offers.
The tireless efforts of LGBTQ+ activists culminated in the Marriage (Same Sex Couples) Act 2013. This landmark legislation not only legalised same-sex marriage but also allowed existing civil partnerships to convert to marriages. Importantly, the Act enshrined religious freedom, ensuring religious organisations could opt-out of conducting same-sex ceremonies.
A Decade of Change: Progress and Recognition
Since it's legalisation, over 50,000 same-sex marriages have taken place in England and Wales. Public opinion has also shifted dramatically, with a YouGov poll in 2022 indicating 78% of Britons support same-sex marriage, a remarkable rise from 42% in 2011 [YouGov Poll on Same-Sex Marriage, 2022]. It is estimated that around 167,000 people in England and Wales are currently in a same sex marriage.
Marriage Equality Beyond Borders: Scotland, Northern Ireland, and the Global Landscape
Scotland followed a similar path to England and Wales, legalising same-sex marriage in December 2014. Northern Ireland, however, presented a different story. Despite several unsuccessful votes since 2012, it wasn't until January 2020 that same-sex marriage became legal in the region.
Looking beyond the UK, the global picture remains complex. As of today, only 38 out of 175 recognised countries have legalised same-sex marriage. The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) reports that homosexuality is still criminalised in 68 countries and punishable by death in 11. These stark realities highlight the ongoing struggle for LGBTQ+ rights worldwide.
The Nuances of Recognition: Same-Sex Marriage vs. Civil Partnerships
It's crucial to distinguish between same-sex marriage and civil partnerships when navigating legal recognition across borders. Marriage generally holds a more universal definition, often carrying similar rights globally. However, the legal and financial protections afforded by civil partnerships can vary significantly between countries.
For couples residing permanently within England and Wales, this may not be a pressing concern. However, for international couples or those considering living abroad, understanding how their relationship will be recognised is vital.
Common Concerns Addressed by Our Family Law Specialists
Validity of Same-Sex Marriage: While same-sex marriage is legal in England and Wales, the validity of marriages conducted abroad requires closer scrutiny. Each country has specific requirements for a valid marriage. Residency periods, blood tests, and nationality requirements can vary. Failure to comply with these regulations could render the marriage invalid.
Recognition of Overseas Same-Sex Marriage: England and Wales generally recognise foreign same-sex marriages, provided they were legally conducted in the originating country and both parties had the capacity to marry. However, complexities may arise. Early legal advice from a specialist family lawyer can prove invaluable in navigating these intricacies.
Recognition of English Same-Sex Marriage Abroad: The absence of a global treaty for mutual recognition of same-sex marriages necessitates individual research for each country. Do not assume your English marriage will automatically be recognised elsewhere.
For instance, Israel, despite not permitting same-sex marriage itself, recognises foreign same-sex marriages where the couple's home countries allow it. However, other countries might recognise your marriage only as a civil partnership, potentially impacting your legal rights.
Divorce for Same-Sex Couples: To obtain a divorce in England and Wales, the marriage must be recognised here, the couple must have been married for at least a year, and the relationship must have irretrievably broken down. Additionally, specific "jurisdiction" criteria must be met, demonstrating a connection to England and Wales for the courts to handle the proceedings.
For international families, navigating divorce across borders can be complex. Jurisdiction, financial settlements, and child custody arrangements vary significantly by country. Specialist legal advice is crucial to ensure a smooth and fair resolution.
Looking Forward: Continued Progress and Support
Same-sex marriage has become a powerful symbol of love, commitment, and legal equality. While significant
strides have been made, the global fight for LGBTQ+ rights continues. At Family Law Consultants, our dedicated
family law team is here to support same-sex couples throughout their journeys.
We offer expert guidance on:
- Pre-nuptial agreements: Protecting your financial interests before marriage.
- Divorce proceedings: Navigating the legal process with sensitivity and expertise.
- Financial settlements: Securing a fair outcome in the event of separation.
- Child arrangements: Ensuring you spend time with your child.
We understand the unique challenges faced by same-sex couples and are committed to providing compassionate and informed legal advice. Contact us today to discuss your specific situation and ensure your rights are protected.
If you need any advice connected to your same-sex marriage , then please contact us and find out from one of our family law experts how we could help. Contact us on 0333 9205911 or fill out a call-back request to explore how we can assist you.
Written by Joanne Bennett
