Clarify Legislation In Regards To Getting a Divorce

The Issue

The UK Government advice website, GOV.UK, implies that sleeping with someone of the same sex does not count as adultery in the eyes of the law. In a country where same-sex marriage is legal, this law is antiquated, homophobic and confusing. 

Under the 'Get a divorce' section, Number 2 under the Grounds for Divorce page, explains the current laws as such:

'You can give 1 of the following 5 reasons for a divorce - the court calls these ‘facts’.

Adultery
Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them.

It doesn’t count as adultery if they had sex with someone of the same sex. This includes if you’re in a same-sex marriage.'

GOV.UK subsequently presents Unreasonable Behaviour as a Grounds for Divorce; it is this grounds that same-sex couples are expected to use in the case of infidelity. 

To legalise marriage for same-sex couples, whilst excluding Adultery as Grounds for Divorce, is to leave the job unfinished, thus creating a confusing limbo for couples going through divorce due to infidelity with someone from the same sex same-sex.

Unreasonable Behaviour can encompass infidelity and is a far more inclusive and widely used grounds for divorce, however the GOV.UK website does not make this clear. For the GOV.UK website to change we need to campaign to change the law - to remove Adultery as a Grounds for Divorce altogether. 

The GOV.UK website describes itself as: 'The best place to find government services and information. Simpler, clearer, faster.' However offering Adultery as Grounds for Divorce for heterosexual couples and not as an option for homosexual couples seems to do quite the opposite.

No Fault Divorce Bill 2015-16 (by MP Richard Bacon)

There is a bill currently going through Parliament to add a sixth grounds for divorce - No Fault Divorce. In its very essence, this would be a desirable grounds for many, however, in its current form, Bacon's bill is flawed and leaves the other five grounds as they are. We would once again be moving forward, whilst leaving an obviously discriminatory grounds available and promoted on the GOV.UK website.

This bill had its first reading in the House of Commons on 13/10/15 and its second reading has since been postponed twice, with one law site claiming the bill has been abandoned. 

Australia, Canada, China, Malta, Mexico, Russia, Spain, Sweden and US already have some form of a No-Fault divorce law.

By signing this petition we are calling for our Parliament to move forwards with this matter, we need to remove Adultery as a Grounds for Divorce and create a bill that is inclusive and fair to all members of society. 

This petition had 4,868 supporters

The Issue

The UK Government advice website, GOV.UK, implies that sleeping with someone of the same sex does not count as adultery in the eyes of the law. In a country where same-sex marriage is legal, this law is antiquated, homophobic and confusing. 

Under the 'Get a divorce' section, Number 2 under the Grounds for Divorce page, explains the current laws as such:

'You can give 1 of the following 5 reasons for a divorce - the court calls these ‘facts’.

Adultery
Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them.

It doesn’t count as adultery if they had sex with someone of the same sex. This includes if you’re in a same-sex marriage.'

GOV.UK subsequently presents Unreasonable Behaviour as a Grounds for Divorce; it is this grounds that same-sex couples are expected to use in the case of infidelity. 

To legalise marriage for same-sex couples, whilst excluding Adultery as Grounds for Divorce, is to leave the job unfinished, thus creating a confusing limbo for couples going through divorce due to infidelity with someone from the same sex same-sex.

Unreasonable Behaviour can encompass infidelity and is a far more inclusive and widely used grounds for divorce, however the GOV.UK website does not make this clear. For the GOV.UK website to change we need to campaign to change the law - to remove Adultery as a Grounds for Divorce altogether. 

The GOV.UK website describes itself as: 'The best place to find government services and information. Simpler, clearer, faster.' However offering Adultery as Grounds for Divorce for heterosexual couples and not as an option for homosexual couples seems to do quite the opposite.

No Fault Divorce Bill 2015-16 (by MP Richard Bacon)

There is a bill currently going through Parliament to add a sixth grounds for divorce - No Fault Divorce. In its very essence, this would be a desirable grounds for many, however, in its current form, Bacon's bill is flawed and leaves the other five grounds as they are. We would once again be moving forward, whilst leaving an obviously discriminatory grounds available and promoted on the GOV.UK website.

This bill had its first reading in the House of Commons on 13/10/15 and its second reading has since been postponed twice, with one law site claiming the bill has been abandoned. 

Australia, Canada, China, Malta, Mexico, Russia, Spain, Sweden and US already have some form of a No-Fault divorce law.

By signing this petition we are calling for our Parliament to move forwards with this matter, we need to remove Adultery as a Grounds for Divorce and create a bill that is inclusive and fair to all members of society. 

The Decision Makers

Theresa May MP
Prime Minister of the United Kingdom and Leader of the Conservative Party
The Rt Hon Justine Greening MP
The Rt Hon Justine Greening MP
Secretary of State for Education and Minister for Women and Equalities

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Petition created on 22 December 2016