Business As Usual: Please note that Brookman’s services to clients remain uninterrupted during the pandemic. Read more

International Quandaries and Same Sex Marriage

Date: April 8th, 2014 - Written by: Brookman Solicitors

Same sex marriageThe Marriage (Same Sex Couples) 2013 entered into force in England and Wales on Saturday 29th March 2014. Much publicity was give to this move which puts England ahead of many other countries in the developed world. The media immediately relished the opportunity to show same sex couples in viewing their nuptial festivities. From a legal perspective however, the Act creates a number of difficulties, particularly from an international viewpoint, because same sex marriage is not recognised in all countries outside of Britain.

A classic example of the kind of difficulties faced by international practitioners is, for example, when an Anglo-Australian couple are married here and then move to Australia. Under the current Australian legislative regime, it would not be possible for their marriage to be recognised as being valid. Whilst it is possible that some recognition might be given to a prenuptial signed by the couple before their wedding, the couple would have real difficulty in sorting out their marital status if they ever decided to live in Australia. Similarly, if the same sex marriage did break down, and the parties had lived in Australia for some time, there would be difficulties in establishing whether or not the Australian Court ever, in fact, had jurisdiction or could have jurisdiction.

An example of another dilemma would be if an Italian couple were married here after living in this country on a short term basis. Prior to moving here, they signed a prenuptial agreement in Italy (where same sex marriage is not legal) and declared their domicile (ie their habitual links) to be Italy. It could then be entirely questionable whether any same sex marriages they enter into is valid, unless they can actually prove to the Court that they altered their domicile on moving to England.

At the moment there are few clear cut answers to the dilemmas I have set out in this blog. However, as with all family law, every case is fact-specific and it is essential to obtain specialist advice before entering into same sex partnership and/or the same sex partnership breaks down.

Tags: ,

Google Reviews

Brookman Solicitors

61 Reviews

Jamie Warnes 16/03/2020

Excellent service. I had a consultation directly with Mr Brookman and his advice and guidance was very clear and helpful. Would highly recommend.

Deana Kendall 12/02/2020

I had been referred by a friend who has a close connection with the firm. I met with Mr Henry Brookman who offered me a free initial consultation to discuss my matter. Mr Brookman is very thorough and has great attention to detail and care. I genuinely feel that he has a great understanding of my circumstances and situation. Moving forward, I have received continuous updates (when relevant) regarding developments to my situation and all correspondences are clear. I feel confident with Mr Brookman's guidance and excellent team! Though my matter is still on-going for the time being, I cannot highly recommend enough! In any event, I will always be eternally grateful to Mr Brookman and his team.

Emma Hearse 03/02/2020

I had an initial consultation with Mr. Brookman, his advice was extremely thorough and relevant. I would recommend Brookman Solicitors.

Caroline Keane 17/01/2020

It was great to have a free initial consultation with Henry Brookman. He answered my questions, and I finished the conversation knowing what I needed to do next in order to resolve matters.

Niamh Tracey Smith 10/12/2019

Highly recommended. Speak to Senior Partner Henry Brookman directly to put your mind at ease and for expert guidance. Invaluable.