Divorce readiness: Supporting every family this LGBTQ+ history month
Supporting all families
February marks LGBTQ+ History Month, a time to recognise the progress made toward equality and reflect on the continued journey for LGBTQ+ individuals and families. In family law, this progress includes the legalisation of same sex marriage, the evolution of parental rights, and growing awareness around the unique challenges LGBTQ+ couples may face during separation.
Whether you are part of the LGBTQ+ community or not, preparing for divorce thoughtfully can help ensure a smoother, more constructive transition. Below is a practical, inclusive guide designed to support all families.
First considerations
Divorce law has evolved significantly, particularly for same sex couples since the introduction of equal marriage rights in England and Wales in 2014. Regardless of your relationship structure, speaking with an experienced family lawyer is an essential first step.
Understanding the length of the relationship
For many LGBTQ+ couples, the legal length of the marriage does not always reflect the true duration of their relationship. Same-sex marriage only became lawful in England and Wales in 2014, meaning many couples were together for years, sometimes decades, before they were permitted to marry legally. The court may take periods of pre-marital cohabitation into account where the relationship moved seamlessly into marriage. This helps ensure fairness when assessing contributions, sharing, and needs.
This can be particularly important for LGBTQ+ spouses whose relationships may appear “short” in formal legal terms but have been long-standing in reality.
Understanding your legal position, including property division, pensions, business interests, and parental responsibility is crucial.
Parental rights for LGBTQ+ families
For LGBTQ+ parents, one of the most important considerations during separation is establishing who holds legal parental responsibility (PR). Families formed through donor conception, co parenting arrangements, or surrogacy may find that parental rights are not automatically acquired by both parents. A non legal parent may need to apply for PR or seek a Child Arrangements Order to formalise their legal role in the child’s life.
Children may also have biological connections to known or anonymous donors, and careful thought is needed about how these connections are addressed as children grow.
Freeths is a proud legal supporter of the Donor Conception Network (DCN) and our team of specialists in this area can offer sensitive, informed guidance on these matters.
As part of your first considerations, where possible, parties may wish to explore mediation or collaborative law. These approaches help promote constructive dialogue and can reduce the likelihood of lengthy court proceedings. Early discussions around child arrangements can provide stability and reassurance.
Pension entitlements and equality considerations
Pensions are often one of the most valuable marital assets. Historically, some pension schemes treated same sex spouses and civil partners differently, particularly around survivor benefits. While most schemes have now aligned policies, differences may still exist depending on scheme rules and dates of service. A Pension on Divorce Expert (PODE) can assist in analysing benefits and ensuring equality in pension sharing.
As detailed above, there may be a substantial period of pre marital cohabitation to which pensions will have accrued, and it is important to obtain advice as to how pensions are treated on divorce.
Financial planning for divorce
Financial planning remains one of the most impactful aspects of divorce. It is important to create a clear inventory of all assets, including property, investments, debts, pensions, and business interests as this will be required when considering how martial assets should be divided.
For some LGBTQ+ couples, especially those who may have combined finances later in life due to historical legal barriers to marriage, understanding the starting point for financial claims can be particularly important.
As part of preparing an inventory of assets, it is sensible to gather key documents such as bank statements, investment portfolios, income evidence, pension values, and insurance policies. It also sensible to seek advice regarding:
- Tax implications of dividing assets
- Spousal maintenance
- Future financial stability
Consulting an independent financial adviser can help you make long term, confident decisions.
Emotional support during divorce
Divorce is emotionally challenging for everyone, and LGBTQ+ individuals may face additional pressures, such as navigating systems that have not always been inclusive. Feelings of grief, anxiety, or uncertainty are common. Establishing a strong support network whether through friends, family, community groups, or a therapist, can help significantly, particularly when the separation is unexpected.
It is important to prioritise self care: exercise, balanced routines, mindfulness, and setting manageable goals can help build emotional resilience.
Practical divorce preparation
Alongside emotional and legal readiness, practical preparation is key:
- Secure important documents (passports, birth certificates, property deeds)
- Plan for future living arrangements
- Update your will and lasting powers of attorney
- Review insurance policies and nominated beneficiaries
- Review passwords and ensure secure access to personal accounts
- Consider schooling or childcare transitions if you have children
These steps support a smoother transition and give you a greater sense of control during a period of change.
How we can help
At Freeths, we take pride in offering inclusive, compassionate, and expert guidance to all families. Our specialist family lawyers understand the diverse experiences of individuals and are committed to providing sensitive, tailored advice throughout your divorce journey.
Whether you are navigating financial issues, child arrangements, or emotional challenges, we are here to protect your interests and help you achieve the best possible outcome.
Contact Danielle Lang today for a confidential consultation.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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