A woman whose wife had an affair has called for changes to divorce laws so that adultery between same sex couples is recognised.
Currently infidelity is not listed as a grounds for ending gay marriage or civil partnerships, despite being an option for heterosexual couples.
Divorce laws are set to change next April anyway to spare couples ‘the blame game.’
But there are questions why the legal definition of adultery has not been updated since 1973, despite civil partnerships being made legal in 2004 before same-sex marriage in 2014.
The woman, who asked to be known as Amy, told the BBC there should be equality in ‘every aspect of the legal system.’
She discovered her wife was having an affair when she started acting suspiciously, including taking her phone to the bathroom and spending more evenings and weekends away on ‘work trips.’
Amy said the end of the relationship was ‘devastating’ and it was made worse when she discovered she couldn’t cite adultery as a reason to divorce.
Currently, individuals wanting to end civil partnerships have to prove the relationship has broken down and cannot be saved, citing one of four reasons.
Amy had to use ‘unreasonable behaviour’ as a grounds for divorce, something she said was incredibly difficult.
Other reasons that could be given by either spouse include desertion, separation for two years if both parties agree to end it, and separation for five years if one disagrees – but not adultery.
Amy has called the differences between heterosexual and same sex divorces ‘clear discrimination.’
Divorce lawyers admitted to Amy that the laws were ‘completely unfair’ but said it is the way the system works until next year.
The Ministry of Justice said the new Divorce Bill – which comes into effect in April – will mean that all couples will no longer need to apportion blame.
Couples or spouses will instead apply for divorce by making a statement of irretrievable breakdown.
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Source: Metro
