Are there still differences between same sex partners and married spouses?
The short answer to the question is “Yes”. Same-sex spouses are treated the same in law as others in the same circumstances. So a married opposite-sex couple and a married same-sex couple are subject to the same legal rights and obligations. In our experience however we find that most people have significant misconceptions about the differences between between the rights and obligations when married and when unmarried and cohabiting. For example, there is a formal property division regime in a legal marriage, whereas there is no statutory property division mechanism for unmarried couples. Many people do not fully understand the legal ramifications of getting married. It is important to explore with a lawyer what those implications are before tying the knot. It is also important to explore the possibility of a cohabitation agreement or marriage contract in order to have more control over the rules that will govern issues such as support and division of assets, whether on separation or d
