Civil Partnership Dissolution
Since the introduction of the Civil Partnership Act 2004, which came into effect on December 5th 2005, same sex couples have been able to commit to each other in the same way that opposing sex couples do.
The rights and obligations that civil partnership registrations create are essentially the same as those for an opposing sex marriage. When civil partners decide to separate, they often wish to dissolve the legal responsibilities that exist between them.
Grounds For Dissolution
There is only one ground for civil partnership dissolution in this jurisdiction; that the partnership has broken down irretrievably. This can be established within the petition in a number of ways known as facts:
- Behaviour by the Respondent which means that the Applicant cannot reasonably be expected to live with the Respondent;
- desertion of the Applicant by the Respondent for a period of 2 years;
- separation for 2 years where both parties consent to a dissolution;
- separation for 5 years.
The various stages of the dissolution process are as follows:
- Application for dissolution filed at Court in the form of a petition;
- Respondent is served with the dissolution papers;
- Respondent has the opportunity to acknowledge receipt of the dissolution papers (if the Respondent fails to acknowledge service of the papers, the Applicant may take various steps to enable the dissolution to proceed);
- the Applicant swears or affirms an Affidavit in support of his or her petition and applies for directions for trial;
- the Court makes a conditional order of dissolution (at which point the Court is able to make orders in relation to the financial side);
- at the expiry of 6 weeks, the Applicant can apply for the condition order of dissolution to be made final, at which point the partnership is dissolved and the parties can usually enter into a different partnership in the future.
What We Can Do For You
At Fosters we can guide you through the process, whether you are applying for the dissolution or responding to your civil partner's application. Indeed, we will draft all the necessary legal paperwork and offer you clear advice at each stage.
We are also able to advise you on the most suitable way forward, taking into account your particular circumstances. If there are assets within the civil partnership, we can advise you in relation to the best settlement, if necessary by way of an application to the Court to deal with the financial side. If you are facing an application by your civil partner, we are equally in a position to offer you sound advice on how best to respond.
If you require more advice about civil partnership dissolution, please contact us on the number below or alternatively email us.
Civil Partnership Dissolution Frequently Asked Questions
- Do We Have To Get A Divorce Now That We Have Decided To Separate?
- Do I Have To Attend At Court During The Divorce Or Civil Partnership Dissolution?
- When Can I Petition The Court To Commence Divorce Proceedings Or Civil Partnership Dissolution?
- How Long Does A Divorce Or Civil Partnership Take To Conclude?
- What Do The Terms "Petitioner" And "Respondent" Mean?
- See more Frequently Asked Questions...
Fosters Solicitors Team of Family Lawyers have a wealth of experience and knowledge to assist you in relation to any legal query or matter you may have. Call us on 01603 620508 or complete our online enquiry form and a member of the department will be in touch very soon.
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