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Divorce law: change the definition of ‘adultery’ to encompass same sex marriage.

Submitted on Friday 10th December 2021

Rejected on Tuesday 14th December 2021

Current status: Rejected

Rejection code: duplicate (see below for details)

Petition Action

Divorce law: change the definition of ‘adultery’ to encompass same sex marriage.

Petition Details

The Matrimonial Causes Act was made nearly fifty years ago during a time when perceptions on same sex marriages were very different. As such, only opposite sex marriages can use ‘adultery’ as a grounds for divorce. Change the definition of ‘adultery’ within the act to encompass same sex marriages.

Additional Information

The definition of adultery within the 1973 Act is ‘Voluntary sexual intercourse between a man and a woman who are not married to each other but one of whom is married to someone else’. It follows therefore that adultery can only be grounds for divorce where there has been sexual intercourse between two people of the opposite sex, sexual intimacy between two people of the same sex is not “adultery” for the purposes of obtaining a divorce if one of those people is in a same sex marriage.


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This petition was rejected

The Government e-Petitions Team gave the following reason:

There's already a petition about this issue. We cannot accept a new petition when we already have one about a very similar issue.

You are more likely to get action on this issue if you sign and share a single petition.

You may wish to sign this petition calling for the same action: petition.parliament.uk/petitions/598004

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