The law regarding the dissolution of a Civil Partnership is very similar to that of the law relating to divorce.
To obtain a Civil Partnership dissolution, you must have been in a registered Civil Partnership for at least 12 months.
The party initiating the dissolution of the Civil Partnership (the Petitioner) must complete a Petition, setting out the reasons why the Civil Partnership is over. This Petition must be served upon the other party to the proceedings (the Respondent).
A Civil Partnership can be dissolved on the grounds that it has broken down 'irretrievably', on the basis of one of four elements;
1 - The parties to the Civil Partnership have lived apart for a continuous period of two years and the Respondent consents to the dissolution.
2 - The parties to the Civil Partnership have lived apart for a continuous period of at least five years immediately preceding the presentation of the Petition.
3 - The Respondent has deserted the Petitioner for a continuous period of at least two years immediately preceding the presentation of the Petition.
4 - The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.
Having established the necessary grounds for dissolution, it will also be necessary to consider financial matters. In parallel with the Matrimonial Causes Act 1973, the Civil Partnership Act 2004 makes provision for financial relief for civil partners. The Court will make a determination of what a fair division of the assets should be. It will take into account the following factors;
The Court has a wide discretion when deciding as to a fair settlement of the assets, placing principal importance on the interests of any children involved. It has a variety of options available, including;
We understand that ending a relationship can be extremely stressful. We are here to help you through the legal process, by offering clear and comprehensive advice on all aspects of Civil Partnership Dissolution.
Kevin Smyth T: East Grinstead 01342 306 283
Marie Stock T: Brighton: 01273 604 123
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