France is not recognising same-sex marriages converted from civil partnerships because France does not recognise their English marriages.
One couple entered a civil partnership in 2008. They converted it to a marriage under the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014 which came into force in December 2014. On conversion the marriage is backdated to the date of the couple’s civil partnership.
The couple now wishes to relocate to France with their adopted son. In France, however, legally-recognised marriages must have had a wedding ceremony with witnesses, and the marriage certificate must reflect the date of the wedding itself. Consequently, a converted (and backdated) marriage is incompatible with French law and will not be recognised in France. Nor will the adoption of their son be recognised.
French officials have advised the couple to divorce and re-marry though under English law there are no grounds for divorce.
Same sex marriage solicitors
At Wrigley Claydon, we fight on your behalf to make this difficult time a little easier. We are experienced family lawyers and can assist you with the legal aspects of any family situation in which you may find yourself. We deal with our cases sensitively.
If you are looking for family advice then please call 0161 624 6811 to speak to our Family Department.
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