Monday, July 01, 2013

What a cop-out!

It was around this time last year that I raised the question of what would constitute consummation of a same-sex marriage.  I suggested that this would cause difficulties, but I wasn't prepared for the official answer, which is, it appears, that there is to be no such thing as consummation of a same-sex marriage, nor indeed will there be any question of adultery in such a marriage with someone of the same sex.  The practical difficulties are such that it has been decided to simply ignore the problem.  You can still commit adultery with a member of the opposite sex but a relationship with someone of the same sex would only found a petition for divorce in a same-sex marriage if it could be brought under the "unreasonable behaviour" provision.  Of course, there has long been an argument that as far as "straight" marriages are concerned, the grounds of adultery and desertion are superfluous, as both would inevitably amount to unreasonable behaviour.  Perhaps a side-effect of all these discussions about gay marriage may be a helpful reappraisal of traditional divorce law.

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