Many gay couples in the USA will have plenty of time on their
hands to contemplate their failing marriages. Gay marriage is
currently only legal in 6 US states, namely Connecticut, Iowa,
Massachusetts, New Hampshire, New York and Vermont. It is
also legal in Washington D.C, Oregon's Coquille and Washington
State's Squamish Indian Tribes. As a result, many "loved up"
couples are forced to hold their marriage ceremonies in states
which are not their usual place of residence. This is perfectly
legal and the resulting marriages are legally binding.
However, problems have arisen down the line for some when the
marriage fails. It is common sense that only those states
which a have legalised gay marriage will be able competently to
divorce gay couples. All sorts of jurisdictional issues
arise when the couple in question do not live in one of the areas
noted above. The result is that they are often unable to secure a
divorce unless they are prepared to move to one of the areas which
recognises gay marriage. The alternative is that they remain
married.
Whilst gay marriage has not been legalised in Scotland, the Civil
Partnership Act 2004 introduced the concept of Civil
Partnerships to Scotland. By entering into these unions, gay
couples attain a similar legal status to those who are
married. If a couple separate, dissolution of their
civil partnership must be obtained to extinguish civil claims
arising from their relationship. The process is formal and
requires an order from the court. Like their American
counterparts, residency in the area over which the court has
jurisdiction is essential.
It is important to understand your rights and obligations upon
the breakdown of a Civil Partnership. Please contact any of our
Solicitors for expert advice.