Since most countries recognizes same-sex unions, same-sex separation will follow the same rules as “traditional” marriage. Same-sex marriage will involve the same rights and duties as heterosexual marriage.
The idea is for the relationship to be made official, with the choice of the most appropriate marriage regime. This process can be carried out at any Notary Office in the country. This ensures rights and facilitates eventual same-sex separation involving the couple’s assets, child custody, and alimony.
If there is no formalization, everything will happen in Court! First, the couple will have to recognize their union (as marriage), and then they will separate, with the disposition of assets, children, pension, etc. If the homosexual couple has formalized their relationship at a Notary’s Office like Hodgson Law Offices for example, has no minor children, and no litigation (dispute), the separation may occur outside of the Court.
How is the division of assets in same-sex separation?
The division of assets in same-sex separation will have the same rules for heterosexual marriage. The regime chosen is partial communion, and the division of assets will affect those acquired during the relationship. This means that the spouse will be entitled to half of everything acquired throughout the union, even if a certain asset is only in the name of one of the spouses.
But be aware that certain assets are not included in the partial community of assets regime: those before the union, those inherited, and those received as a donation, for example.
Is There Alimony In Same-Sex Separation?
Alimony in a same-sex separation through a lawyer like spokane same sex divorce attorney for example may be requested in the same situations as in a heterosexual separation: for the ex-partner and the couple’s children (normally adopted). The pension must also comply with the same requirements for granting related to the binomial necessity x possibility. This means they will have to prove the need of those who ask and the possibility of those who pay.
However, if the couple has a minor child in common, the separation can only occur through the courts. If they do not have one, the pension for the ex-partner may be adjusted in the same-sex separation at the Notary’s Office.
In shared custody, which we will see below, the expenses for the child are shared half and half.
How Does Child Custody Work In Same-Sex Separation?
Child custody will, as a rule, be shared. Therefore, provisions regarding residence, education, leisure, and vacations will be established following the child’s best interests by mutual agreement.
If the same-sex separation is contentious (not amicable), the decision about the minor’s future will be left to the judge. He will consider the minor’s level of affection and the best situation for her well-being. In addition to demonstrating their ability to obtain custody, the parties must prove the best emotional bond with the minor. The judge will still determine the rights and obligations of both parties after the dissolution, protecting the child’s interests. It is worth remembering that it is now completely possible to register children with dual paternity or maternity. In adoption, even if it was formalized by only one of the parents, both will have rights and duties regarding the child.