Same-sex divorce

etakotoole

So, was searching for some info on same-sex divorce and was wondering if it's actually legal. I know a divorce bill had to be passed for straight couples, just wondering if it passed with the same-sex marriage or if that's another debate altogether.

Asking for a friend (literally!)

imme

Google?

Would have to have been considered when legislation was introduced to cater for 'gay marriage'

etakotoole

imme wrote: »

Google?

Would have to have been considered when legislation was introduced to cater for 'gay marriage'

That's what I thought, but there's a lack of mentioning it in any article I could find on google surprisingly

XxMCRxBabyxX

The Divorce referendum meant that the allowing of Divorce has actually been inserted into the Constitution itself (Art. 41(3)(2)). Since the Marriage referendum Marriage is now defined by the Constitution as "Marriage may be contracted in accordance with law by two persons without distinction as to their sex" (Art. 41(4)). The definition is in the Constitution so it automatically applies. If you read the Divorce Act itself, it doesn't actually define marriage or refer to husband and wife - just spouses.

Well, that's my convoluted law student take on it anyway!

robyntmorton

The act of 2015 also amended the judicial separation act with regard "husband and wife" to "spouses of each other"

I'd say it is well covered, without being advertised.

Annasopra

etakotoole wrote: »

So, was searching for some info on same-sex divorce and was wondering if it's actually legal. I know a divorce bill had to be passed for straight couples, just wondering if it passed with the same-sex marriage or if that's another debate altogether.

Asking for a friend (literally!)

Marriage is marriage and therefore divorce is divorce - personally I think the big disadvantage of equality was that with civil partnership you could get a dissolution after 6 months. With divorce you have to wait 4 years.

flowerbattle

XxMCRxBabyxX wrote: »

The Divorce referendum meant that the allowing of Divorce has actually been inserted into the Constitution itself (Art. 41(3)(2)). Since the Marriage referendum Marriage is now defined by the Constitution as "Marriage may be contracted in accordance with law by two persons without distinction as to their sex" (Art. 41(4)). The definition is in the Constitution so it automatically applies. If you read the Divorce Act itself, it doesn't actually define marriage or refer to husband and wife - just spouses.

Well, that's my convoluted law student take on it anyway!

So what you're saying is, prior to the Marriage Referendum coming into effect, we were legally allowed to get divorced but not to get married?:p:p

Akrasia

flowerbattle wrote: »

So what you're saying is, prior to the Marriage Referendum coming into effect, we were legally allowed to get divorced but not to get married?:p:p

It would be funny to see the religious right try to argue against divorce for people they don't think should ever have been allowed to marry