LGBTQIA Family Law

LGBTQIA+ couples and families have the same rights as anyone else, but there can be certain situations where specialist experience with this community can be beneficial. Working with expert family law solicitors can help everything to run smoothly, while ensuring your rights are protected.

At Clarkson Wright & Jakes, our Family Law team has been supporting LGBTQIA+ people for many years. We can offer expert assistance across all areas of family law, including more specialist matters that other firms may not be used to dealing with.

When you work with us, you will receive an outstanding service from a highly accredited legal team. We always ensure that we tailor our support to your needs, so you can get the outcome you require.

Looking for more information? Please take a look at our LGBTQIA+ family law FAQs.

To discuss how our family solicitors can help you, please contact us on 01689 887840 or fill in our enquiry form.

Our family solicitors can assist with…

• Pre- and post-civil partnership agreements
• Same sex divorce
• Civil partnership dissolution
• Cohabitation agreements
• Children law

Our LGBTQIA+ family law expertise

Our Family Law team has extensive experience advising a diverse range of people, including those from the LGBTQIA+ community, on all aspects of family law. We are based in Orpington and work with clients in London, Kent and across the South East.

The team is ranked for Family/Matrimonial by leading client guide Chambers & Partners, with Partner and Head of Family Law Claire Schneck also being individually recognised.

Solicitor Alison Hall has been a member of the Law Society Family Law Advanced Panel since 1999, reflecting the high level of skill and experience she offers.

Many of our family team are members of Resolution, the leading network for UK family solicitors, with a focus on minimising conflict in family legal matters.

Our fees

Our pricing reflects the high level expertise and value we deliver for clients. We can provide a clear cost estimate at the outset, with no hidden fees or charges.

Where requested, our LGBTQIA+ family law solicitors may be able to act on a fixed fee basis for an initial advice meeting. We can also represent you at an hourly rate

How our solicitors can help

Pre- and post-civil partnership agreements

Entering into a civil partnership is a commitment with many financial and legal considerations. For this reason, it is advisable to receive legal advice to protect your interests before your registration.

Our solicitors can help LGBTQIA+ couples who are planning to enter into a civil partnership to draw up a pre-civil partnership agreement. This is a contract which details what would happen if the civil partnership were to later break down, for instance, arrangements for any children and how finances would be divided.

We can also assist with post-civil partnership agreements where your registration has already taken place and you either need to change the terms of an existing agreement or did not previously make an agreement.

Same sex divorce

If your relationship sadly breaks down and you wish to get divorced, we can assist you with the necessary legal processes, these include:

• Completing a divorce application form – stating that the relationship has broken down (you have the option to complete the form yourself).
• Applying for a Conditional Order – Once the Court has processed the application form, the applicant (or applicants if you applied jointly) are required to wait for 20 weeks before applying for a Conditional Order. This is a Court order that confirms you are entitled to a divorce.
• Applying for a Final Order – On receiving the Conditional Order, you need to wait 6 weeks before applying for a Final Order. When you receive the Final Order, your marriage is legally ended.

Civil partnership dissolution

The process for dissolving a civil partnership is the same as for a divorce (outlined above).

With support throughout the above processes, you’ll ensure that all application stages are completed correctly, allowing you to end your civil partnership as quickly as possible and move forward with your life.

When ending a civil partnership, your solicitor can also assist you to arrange the important practical tasks, including making arrangements for any children involved and reaching a financial settlement.

Cohabitation agreements

If you are an LGBTQIA+ couple living together and you are not married or in a civil partnership, you may be concerned about protecting your rights, for instance, if your relationship were to later break down.

When a couple lives together, particularly long term, their finances may end up interlinked. In the event of a breakup, it can be difficult to divide finances and this is often a source of conflict and worry.

To gain financial and legal protection, our solicitors at Clarkson Wright & Jakes can assist you to enter into a cohabitation agreement. This type of agreement is used to establish ownership of and responsibility for property, assets and other financial resources. For example, it may detail how much each party will pay towards mortgage payments, rent and or bills.

Children law

At Clarkson Wright & Jakes, we have specialist experience supporting LGBTQIA+ individuals and couples with children law matters. We can assist with various matters related to LGBTQIA+ parenting such as:

• Deciding where children will live and what contact they will have with each parent following a separation
• Arranging child maintenance issues or settling financial disputes related to children
• Navigating disagreements over specific issues regarding children’s upbringing
• Resolving disputes over access to children from a prior relationship

LGBTQIA+ family law FAQs

What are the grounds for dissolving a civil partnership?

If you’ve been in a civil partnership for at least one year, you can apply to end that civil partnership if you wish to do so. It is not necessary to state why you are ending the partnership, just that the relationship has broken down beyond repair.

How long does it take to dissolve a civil partnership?

It will take a minimum of 6 months to dissolve a civil partnership. Where there are any complications or setbacks, there is a chance that it could take longer, especially with regard to the division of finances and arrangements for children.

What is a pre-civil partnership agreement?

A pre-civil partnership agreement refers to a formal contract signed by two parties who are preparing to enter into a civil partnership.

The contract sets out the assets that each party owns and how finances would be split in the future, should the relationship dissolve. This type of agreement can also be used to determine what would happen to the children if the couple were to part ways. For instance, who the children would live with for the majority of the time and how child contact would work for the other parent.

Speak to our family law solicitors in Orpington, Kent

To discuss how our family solicitors can help you, please contact us on 01689 887840 or fill in our enquiry form.