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Comedian's same-sex 'divorce' could be test case

24 June 2008

Little Britain creator Matt Lucas has announced his split with partner of six years, Kevin McGee, following their civil partnership ceremony 18 months ago.

Lucas and Mr McGee are the first high-profile gay couple to 'divorce' since the laws on same-sex unions were introduced in December 2005.

Their split could be seen as a test case and there have been speculations that Lucas could have to pay his former partner millions of pounds.

His personal fortune is estimated to stand between £10 and £20 million.
Under conventional divorce law, Mr McGee would be entitled to half, but it is unclear what he is entitled to under a civil partnership arrangement.

The Civil Partnership Act conferred the same rights and obligations upon civil partners as heterosexual married couples.

Sue Andrews, head of the family and matrimonial law team, explains that where a married couple divorces the courts must strive to achieve an outcome which is fair and non-discriminatory between the contribution of income generator and homemaker and that approach is likely to be applied upon the dissolution of a civil partnership.

Consideration will be given to the same discretionary factors as in the case of married couples in deciding how the resources should be split.

Although Matt Lucas and Kevin McGee have been civil partners for only 18 months, the courts will consider the total period of cohabitation in determining the length of the civil partnership.

The Civil Partnership Act gives same-sex couples the same rights as married couples on tax, employment benefits, maintenance and parental responsibility.