The extension of civil marriages, unions and domestic partnership rights to same-sex couples in various jurisdictions may pose legal problems after the dissolution of these unions that are not experienced by the opposite sex partner, especially if the law of residence or nationality does not have same-sex marriage or partnership.
Video Divorce of same-sex couples
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In jurisdictions where same-sex unions are not possible, also divorce or cancellation is often not possible, whereas general conflicts of legal rules sometimes exclude divorce in the jurisdiction where the marriage is celebrated.
In some divorce jurisdictions it is possible, even if marriage is not possible. They are listed below:
United States
Rejection of the federal government's recognition of same-sex marriage before the 2013 case United States v. Windsor means that the assets transferred in divorce settlement are treated as a reward. Before the 2015 case Obergefell v. Hodges, couples in same-sex marriages (with some exceptions) can generally obtain divorce only in jurisdictions that recognize same-sex marriage. Several same-sex couples bring civilian clothes to end their marriages in states that deny their access to divorce; civil charges are more expensive.
Same-sex couples trying to divorce in Texas meanwhile do not recognize the validity of same-sex marriages meeting different results. Two cases were filed to the Texas Supreme Court; The court refused to hear one and said it had no jurisdiction to decide the other.
A married couple married in Massachusetts, Keiba Lynn Shaw and Mariama Changamire Shaw, opposed the Florida ban on same-sex marriage in order to get a divorce. After their appeal was dismissed by the court, they filed an appeal, and the Florida Bar Family Division moved to propose a brief amicus supporting the right to divorce by same-sex couples. By 2015, two married Florida couples in Massachusetts - the first Danielle and Krista Brandon-Thomas, then Shaws - were allowed to divorce.
When Delaware and Minnesota legalized same-sex marriage in May 2013, they gave each state's respective authority the courts of divorce proceedings in cases where same-sex couples were married in the state but no party currently lives in a country that recognizes their marriage.
Maps Divorce of same-sex couples
Divorce rate
Belgium
Between 2004 and 2009, the average annual divorce rate for all homosexual marriages was almost 2% (the total divorce rate for 5 years was 11%.) Also between 2004 and 2009, the lesbian divorce rate was almost twice that of gay men.
Denmark
In 1997, divorce rates of same-sex partnerships were significantly lower than for heterosexual couples in Denmark. The majority of gay marriages in Denmark are men. Fourteen (14) per cent of these ends are in divorce, compared with 23 per cent female marriage. A higher rate for lesbians (almost doubled), consistent with data showing that women started most of the heterosexual divorces in Denmark.
Dutch
In the Netherlands, a few more weddings between women are recorded than among men: between 2006-2011 an average of 690 and 610 per year.
Lesbian divorce rates are much higher than divorce rates between men: in the same period an average of 100 women and 45 divorced men per year (ie, Lesbian divorce rate = 14%, Gay male divorce rate = 7%).
A study that tracks married couples over a 10-year span finds that a lesbian marriage is likely to end in divorce. Of 580 lesbian couples married in 2005, 30% divorced ten years later compared with 18% for heterosexual couples and 15% for gay male couples.
Norway and Sweden
A study of similar same-sex partnerships in Norway and Sweden found that divorce rates were 50% lower for same-sex couples than marriages of the opposite sex, and that lesbian unions were less stable, or more dynamic, than unions. male gay.p.262
In the above study, the risk of lesbian divorce was 10% higher than for gay men (Table 4).
United Kingdom
The rate of divorce of same-sex couples within 29 months since the introduction of a legally binding civil partnership is slightly less than one percent in the UK.
Many sources point out that the lesbian divorce rate is twice that of gay male divorce, Data from 2016 data shows a larger gap, with lesbians being two and a half times more likely to divorce than gay male partners, comprising 78% of same-sex divorces. for that year.
United States
Massachusetts, the first US state to allow same-sex marriage, does not track how many divorces in the state are between same-sex couples. A 2011 study for countries with available data initially reported that rates of dissolution for same-sex couples were slightly lower (on average, 1.1% of all same-sex couples are said to divorce each year, ranging from 0% to 1, 8% in various jurisdictions) of divorce rate of different sex partners (2% of whom are divorced each year). The Washington Post pulled out the headline on this report because the research had miscalculated the percentage for mistakes in capturing when same-sex marriage began. As a result, the corrected findings show a 2% divorce rate for same-sex couples - just like the opposite sex couple. More accurate statistics will be available as time goes by.
Several studies have shown that committed lesbian relationships do not last as long as committed gay male relationships.
See also
- same-sex marriage status, worldwide status
- Civil solidarity pacts, French civil unions, available to same-sex couples and opposite sexes
- Civil unity, Domestic partnerships, non-marital unions available to same-sex couples in certain jurisdictions
References
Further reading
Source of the article : Wikipedia
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