Same Sex Marriage, The New Law

We have of course had Civil Partnerships, (sometimes known as ‘gay marriages’) for 10 years, but now the law has changes to introduce full marriage equality for LGBT people.

Same sex couples will now be able to marry, with the first marriages between couples of the same sex being celebrated on 29^th March.

Couples who are already in a civil partnership will be able to convert this into a marriage, although this may take a little longer, as the practical steps for doing so have not yet been set out!  It is anticipated that the relevant regulations will be in place by the end of this year. When a civil partnership is converted into a marriage,  the couple will be treated as having been married since the date of the original Civil Partnership ceremony.

The change in the law means that the marriages of gay couples who have married abroad will also be recognised under English Law (provided that the marriage was legal in the country where it took place)

While of course no-one gets married excepting the marriage to fail,  sadly many marriages do end in divorce, so the new laws also deal with divorce for same-sex spouses. Provisions are now the same for same-sex spouses as for opposite sex couples, although it should be noted that as the definition of adultery refers  to adultery having sex with another man (if you are a woman) or another woman (if you are a man) it will not be possible to issue divorce proceedings if your husband has a relationship with another man, or your wife has a relationship with another woman, whether you are gay or straight.

Another change which the new law brings  is that it will allow married, transgendered people to remain married and to obtain a full gender recognition certificate. Until now, a full certificate could not be issued unless any pre-existing marriage or civil partnership was ended, forcing some cipels to divorce in order to allow one spouse to fully transition. Now, provided that both spouses want to remain married, this will be possible.

If you need advice about any issues relating to divorce, separation, pre-nuptial agreements or in relation to other family matters, please contact Marjorie Taylor (mtaylor@fdc-law.co.uk or Marion Fisher (mfisher@fdc-law.co.uk ) for further advice.

Naomi Hill - FDC Law's newest lawyer

We are very happy to welcome another new member of staff to FDC Law.

Naomi Hill joined our Private Client Department on Monday and is settling in.

Senior Partner James Hollis welcomes Naomi Hill to FDC Law

Naomi is a very experienced Private Client FILEX (Fellow of the Institute of Legal Executives), who has extensive experience advising in relation to Wills, Probate, Tax Planning, Trusts, Powers of Attorney and Deeds of Variation.

As well as her qualifications as a Legal Executive, Naomi is a member of the Society of Trust and Estate Practitioners, (STEP).

Naomi will be based at our Frome Office, and is taking instructions now on all aspects of will making, estate planning and administrations. She can be contacted on 01373 463311 or directly via e-mail nhill@fdc-law.co.uk