The procedure of ending a civil partnership is known as dissolution, this can only be applied for when you have been in a civil partnership for at least one year. The termination of a civil partnership provides the same rights as a spouse who gets divorced.
At SKR Legal solicitors, we can assist you with the procedure and legal guidance in regards to civil partnership dissolutions. Our family team will provide you with help throughout the full process.
Either party must successfully argue that the relationship has broken down after twelve months irretrievably while proving one of the four grounds as follows:
- The other partner behaved unreasonably
- The parties have been separated for two years, with the other partner's consent
- One partner deserted the other partner for two years
- Five years separation, without the other partner’s consent
These grounds are similar to the grounds required for a divorce with the exception for a dissolution of a civil partnership as it is not possible to rely on the condition of adultery as it is believed it cannot be committed in a same sex relationship.
Our family lawyers understand the complexities of financial issues surrounding dissolution. We will ensure you achieve a positive solution with straightforward advice on issues including:
• How a settlement can best be achieved.
• The options available to help you reach a settlement, for example mediation and negotiation between you and your partner.
• The treatment that a court will give where there are complex assets, such as a farm, a business, family trust, inherited wealth and pensions.
In the settlement of the parties’ financial assets there are issues which need to be considered. Here are some of the factors that affect financial dissolution:
• The welfare of any child of the family who has not reached the age of 18
• Earning capacity
• Other financial resources
• Financial needs, obligations and responsibilities
• Standard of living
• The parties ages and the length of the marriage
• Any disability suffered
• The education of any child
• Conduct which it would be inequitable to disregard
• Any financial benefit from the marriage/partnership which has been lost
This may seem complicated, but our team can steer you through even the most daunting of cases. We help you design your preferred agreement to accommodate your new lifestyle after your divorce.
Wherever possible this is achieved by negotiated settlement, which gives far greater flexibility and control than a court order made by a Judge. We are careful to assess any long term health or other dependency issues which must be taken into account with medical opinions where necessary.