As June is Pride Month, it offers an important opportunity to reflect on how far the law has progressed in recognising and supporting LGBTQIA+ individuals and their families. At its heart, Family Court principles are rooted in fairness and equality, which are also principles that underpin the evolution of marriage equality in England and Wales.
A look back: the law before marriage equality
Same sex couples in England and Wales were not previously allowed to get married. Instead, the Civil Partnership Act 2004 introduced civil partnerships, which provided same sex couples with equivalent legal rights and responsibilities as those created by marriage, albeit with legally distinct status, formation, terminology, and international recognition.
While the Civil Partnership Act was a significant step in recognising modern families and creating legal protections for same-sex couples, there was still a distinction between opposite-sex and same-sex couples and the lawful options available to recognise same-sex relationships and commitment.
Marriage can carry deep personal, cultural, societal, and symbolic meaning in addition to being of legal significance. The absence of access to marriage for same-sex couples represented a gap in the law and in equal recognition for couples.
The turning point: marriage equality becomes law
A landmark moment came with the passing of the Marriage (Same Sex Couples) Act 2013. This legislation allowed same-sex couples in England and Wales to marry for the first time, and states that “in the law of England and Wales, marriage has the same effect in relation to same sex couples as it has in relation to opposite sex couples”.
The change in the law removed the distinction between couples based on sexual orientation and recognised that all relationships deserve equal treatment and recognition under the law. Civil partnerships remain available, but couples are now free to choose the legal framework that best reflects their relationship.
For same-sex couples who previously entered in a civil partnership, it is open to them to convert such civil partnerships into a marriage, with the marriage certificate being backdated to when the civil partnership was formed.
The law today: equality in practice
Today, the law in England and Wales treats same-sex marriages in the same way as opposite-sex marriages. This means that, in the context of matrimonial finances, divorce, and family proceedings, the same principles of fairness and meeting needs applies, regardless of the couple’s gender.
Marriage creates significant legal ties and obligations to your spouse, and it can be important to consider whether entering into a pre-nuptial or post-nuptial agreement is the right step.
For same-sex or LGBTQIA+ couples going through divorce and considering their finances, the same factors under Section 25 of the Matrimonial Causes Act 1973, will apply, including needs, contributions, and the welfare of any children. The focus remains on achieving a fair outcome based on the individual circumstances of the case.
While the law is equal in principle for same-sex couples, every family is unique, LGBTQIA+ couples may have particular considerations e.g. arrangements for children, assisted reproduction, or the structure of financial arrangement which require careful and tailored advice.
Supporting LGBTQIA+ clients in family matters
At Fisher Jones Greenwood, we understand that inclusive legal support goes beyond what is written in legislation. It is about creating an environment where individuals feel respected, understood, and supported at every stage.
We regularly advise clients on a wide range of family matters, including:
- Pre- and post-nuptial agreements
- Divorce and financial remedies
- Property disputes
- Arrangements for children
- SEN matters
We recognise that these issues can be complex and sensitive, particularly where families have developed through non-traditional routes. Our approach is always to listen carefully, provide clear advice, and work towards outcomes that reflects our clients’ priorities and values.
Looking ahead this pride month
Marriage equality represents a significant milestone but is also a reminder of the importance of continuing to support and champion equality in all aspects of family life.
As Pride Month is recognised across the country this June, we acknowledge the progress made to support LGBTQIA+ families, however, that it is important to reaffirm a commitment to inclusivity and respect. Access to fair legal advice is a crucial part of that commitment.
If you are considering marriage, experiencing a relationship breakdown, or need advice on any aspect of Family Law, our team is here to help. We offer an initial fixed-fee appointment to help you explore what protections may be right for you and we offer a welcoming and supportive service to all clients, regardless of their background or circumstances.
Here to help
At FJG, our family law team is committed to providing expert, compassionate advice during one of life’s most challenging transitions. If you’re going through separation or divorce, we are more than happy to help you through that process; start on the right foot by seeking legal advice from our Family Law team.
Lisa O’Boyle is a Senior Associate Solicitor in our Family Law Team, specialising in family matters including children, divorce, financial matters arising upon divorce and domestic abuse.
Ellie Maynard is a Solicitor in our Family Law Team. She advises across a range of family matters, including changes of name, children disputes, divorce, and financial matters arising upon divorce.
For further advice on any aspect of family law or to discuss meeting with a family lawyer, please contact one of our team in our Colchester, Clacton or Chelmsford offices on 0845 543 5700, or via our online enquiry form.