The facts uncovered

What are Civil Partnerships?

Civil partnerships are for adult same sex couples who are not in existing registered partnerships or marriage and are not closely related.  Couples who register have legal status as “registered civil partners” and acquire a package of rights and responsibilities in the same way as a married couple.

What happens if my Civil Partnership does not work?

If the civil partnership breaks down then you can apply to the court to have the partnership brought to an end after you have been together as civil partners for at least one year.   This is known as a Dissolution.

How do I end my Civil Partnership?

Bringing the relationship to an end involves the similar process to having a divorce.  A petition is filed asking that the partnership should be brought to a conclusion and showing that the partnership has definitely come to an end.  The petition will need to be lodged with a County Court that specifically deals with dissolving civil partnerships.

What basis can the partnership be ended by the Court?

The court will accept similar grounds to prove that the relationship has come to an end as those of divorcing couples.  The ground for dissolution is that the relationship has broken down irretrievably shown by the following facts:-

1. Either that your civil partner’s behaviour has been so unreasonable you can no longer bear to live with him or her;
2. That you or your civil partner have lived apart for at least two years immediately preceding the presentation of the petition and your partner agrees to a dissolution;
3. That you and your civil partner have lived apart for at least five years prior to the presentation of the petition and the partner’s consent is not required, or;
4.  Your civil partner has deserted you.

For a desertion petition you will need to have been apart for two years immediately preceding the presentation of the petition.

Can I make financial claims against my civil partner if the partnership is brought to a conclusion?

Civil partners can make claims against each other’s finances in the same way that heterosexual married couples can.  If there are financial issues stemming from your separation and dissolution of the partnership you will need to take further detailed advice and we recommend that you contact one of the family team who can give you specific advice in relation to this complex area of law.

What if there are children involved?

Following a dissolution we can apply to the Courts  for orders regarding    children issues including residence, contact order and financial provision.  See our Children page for more details.

Are there any useful sites for me to look at?

We recommended you look at the following websites:-

www.stonewall.org.uk

www.hmcourts-service.gov.uk to look at the paperwork involved in dissolving the civil partnership

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