Gay Marriage Is Legal - But What About Divorce?

Published 3rd Mar 2015

We all know that same sex marriage is now legal in Scotland - but what about divorce? A petition is being considered by MSPs calling for a change in the definition of adultery so it also includes gay people. The legal description is currently "'sexual intercourse between persons of the opposite sex out with marriage'' - so may not apply to same sex couples. Akri Jones is calling for a change to the wording so the divorce process is the same for all married couples, regardless of whether they are gay or straight. Her petition, calling on the Scottish Government to ''amend the current definition of adultery within legislation so that is not restrictive to gender status'', is being considered by MSPs on Holyrood's Public Petitions Committee. Under current legislation people in a same-sex marriage who wish to separate after their partner has been unfaithful "will not be able to cite adultery as grounds for divorce'', Ms Akri said. The Free Church of Scotland has voiced concern that the petition could see adultery laws scrapped entirely.