At Banner Jones we provide advice on civil partnerships and your civil partnership rights.
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 civil partnership rights and responsibilities in the same way as a married couple.
Frequently Asked Questions
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 civil 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.
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.
Bringing the civil 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 civil 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.
There is a 12 month barring rule which means you can start the divorce process after being married for 1 year. In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.
If the bank allows, it is possible for your aunt to name you as a third party on her bank account. This will allow you to withdraw funds and sign cheques on her behalf. We can help your aunt complete the mandate form required to put this in place.
No. Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.
The court will accept similar grounds to prove that the civil partnership 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:-
- Either that your civil partner’s behaviour has been so unreasonable you can no longer bear to live with him or her;
- 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;
- 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;
- 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.
If the Civil Partnership breaks down then you can apply to the court to have the civil partnership brought to an end after you have been together as civil partners and in a civil partnership for at least one year. This is known as a Dissolution.
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.
Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.
No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.
Protect your assets with a Will.
Don't leave it too late.
of our clients would recommend us to a friend
(Ongoing Client Survey)
Thankyou Helena Downing for all your excellent service.
The family department at Banner Jones have just completed the legal arrangements in respect of my divorce. The service I received was exemplary and I wanted to write to you to let you know this. I have been pretty constrained in relation to availability to meet and most of our business has been done over email which I appreciated. Responses have been very timely, updates provided regularly, deadlines hit and fees reasonable. I contrast this with the service provided by a large law firm in Sheffield in the early part of the year and your approach and that of your staff to customer services, in my view, sets your firm apart. Your firm came to me through personal recommendation by a friend and I shall be happy to do the same. Thank you again.
Thanks for your assistance with my case, your advice has been invaluable, and I would certainly recommend Banner Jones to my family and friends.
We would like to thank our solicitor acting for us Richard, he did a great job and was very easy to speak to and very friendly. Extremely professional and we would use him again in the future.
Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.
We’re really grateful for the work you did for us. 10 out of 10!
Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.