Where is it legal for gay marriage in the world

On 29 Marchit will be the year anniversary of the first same-sex marriage ceremony in England. It is sometimes easy to forget that up until homosexuality was illegal in this country. Interestingly, it was never illegal to be lesbian, perhaps one of the few ways women were historically overlooked by law makers which had an inadvertently positive where is it legal for gay marriage in the world It may come as a shock to some same-sex couples who move abroad that their relationship might not be recognised, or they may even be treated differently than a heterosexual couple in their new home country if their relationship or marriage ends.

In England, there are a myriad of financial claims arising from the breakdown of a marriage or civil partnership, and these rights could be lost if you move abroad. In contrast, cohabiting couples in England still face limited financial protection on separation despite calls for reform.

Our International Family Law Report: The Cohabitation Conundrum summarises the legal remedies for cohabiting couples on the breakdown of their relationship in England and across the international legal landscape. One upside is that there is at least no discrimination between same and opposite-sex couples in England; everyone is equally exposed financially on the breakdown of a cohabiting relationship.

A pyrrhic victory perhaps. If you are in a same-sex couple whether cohabiting, married, or in a civil partnership and intending to move abroad, it is absolutely worth taking advice on the legal status of same-sex relationships before you progress with a relocation plan, especially if you have children.

In some countries where same-sex unions are not recognised, there could be serious repercussions for one party if you separate or divorce in that country. This article offers a whistle-stop tour of the current legal status of same-sex relationships around the world. One of the more liberal continents, there are 21 countries in Europe which have legalised same-sex marriage, including Greece, Malta, Switzerland, Germany, France and the Scandinavian countries.

Furthermore, in Monaco and Italy amongst other European countries adoption for same-sex couples is not permitted. In the countries where same-sex marriage or civil partnership is legal, the rights or lack thereof of cohabiting same-sex couples mirrors that of heterosexual cohabiting couples to protect against discrimination on the grounds of sexuality.

There are some countries in Europe where same-sex unions are not recognised at all, including Poland, Ukraine, and Russia. This can be particularly problematic if you and your partner have children together, either through surrogacy or adoption, and your legal status as a parent may not be recognised.

The European Court of Human Rights ECHR has waded in to try and tackle inequality across Europe when it comes to the recognition of same-sex relationships, and ruled that contracting members of the Council of Europe should be providing legal recognition to all same-sex couples, albeit they are not required to legalise same-sex marriage in their own country.

In DecemberPoland was found by the ECHR to be in violation of Article 8, the right to respect for private and family life, by failing to legalise same-sex unions and for subjecting them to disadvantage in the fields of taxation, social rights, and family law.

In theory, all EU member states should recognise same-sex marriages and parenthood if they were established in a contracting state and one party is an EU citizen, to ensure that all couples are treated in the same way and can enjoy the Free Movement Directive. However, in practice, the law is unclear and there have been consistent member state violations.

Same-sex marriage was legalised in all US states in and same-sex couples can enjoy the same rights as opposite-sex married couples.

The tin anniversary – a review of the status of same-sex relationships around the world

For example, the US will not grant a spousal visa on the basis of a civil partnership. The law varies across the different states, but in general, the US provides almost no financial protection for heterosexual cohabiting couples, and the same limitations apply to same-sex couples.

Canada was an early adopter of marriage equality and legalised same-sex marriage in At the forefront again, Canada also has one of the more favourable approaches to cohabitation. Each province regulates its own laws, but there is a concept of common law spouses and the ability to bring financial claims against a former partner, including for spousal support.

In Ontario for example, a couple only has to prove that they have lived together continuously for three years, or have a child together and a relationship of some permanence. Canada also has case law which specifically declares that same-sex cohabiting couples must have the same rights as heterosexual cohabiting couples.

Same-sex marriage is legal in the majority of South American countries, and foreign marriages or civil partnerships should be recognised in these, but you may need to obtain some additional documentation. Cohabitation is common in South America, and is even on the rise.