We believe that dissolution of a civil partnership doesn’t have to be bitter and unfriendly. A sensitive approach from your legal team can make all the difference. All of our lawyers are members of Resolution and are committed to trying to resolve family disputes in a constructive and non-confrontational way.
What are the grounds for dissolution of a civil partnership?
The only ground for dissolution is that the partnership has “irretrievably broken down”. However, the law requires that you prove this breakdown by establishing one of the following circumstances:
Behaviour
You need to demonstrate that your former partner has behaved in such a way that you cannot reasonably be expected to live with him or her. This involves setting out details of the behaviour in your petition. We would always advise, if at all possible, that the details of the behaviour to be included in your petition are agreed with former partner in advance, if at all possible. This may avoid the risk of the petition may be being opposed.
Desertion
Your former partner must have deserted you without your consent for a continuous period of 2 years. In practice this fact is rarely used.
Two years separation with consent
This is the only true “non-fault” ground. You need to prove to the court that you and your former partner have lived apart for two years and that your partner consents to a dissolution of the partnership.
Five years separation
This fact applies where you and your former partner have lived apart for five years. It can be used even if your partner won’t agree to a dissolution, unlike a petition based on 2 years separation.
How long does it take to dissolve a civil partnership?
Provided the application is not defended, both parties cooperate with the process and there are no serious complications (such as having to trace your former partner because you have lost contact with him or her), the partnership can usually be dissolved within 5 - 6 months of your instructing us. You need to bear in mind that it can sometimes take much longer and in some cases we may advise you that it is in your best interests to delay finalising the dissolution until the financial and property issues between you and your partner have been resolved.
Children and dissolution
In all cases the court needs to be satisfied that the arrangements for any children are appropriate, or the best that can be achieved, before allowing the dissolution to be finalised. Happily in most cases the arrangements for the children are. In these cases the arrangements are recorded in a document which will be sent to the court with the application.
In some cases there may be real difficulties in agreeing who the children will live with, or what contact arrangements might be appropriate. In such cases we will encourage you, where appropriate, to go to mediation to try to reach agreement with your former partner. Where agreement is not possible the court has a range of powers to resolve these disputes.
Finance and dissolution
The law aims to achieve a fair solution, bearing in mind the needs of any children, which will be given priority. In considering any financial settlement the law says that the following factors should be taken into account:
- The needs of any children under the age of 18 years.
- The present earning capacity, income expenses and assets of each party.
- Pensions, inheritances and other foreseeable future gains.
- Future needs.
- The length of the marriage.
- The age and health of the parties.
- Contributions made by either party (including non financial contributions such as bringing up children).
- Conduct, if it would be unfair to disregard it. It most cases conduct is not taken into account and in fact, the courts have made it clear that conduct will only be taken into account in exceptional circumstance
The courts have the same powers to make financial orders as on a divorce and you can read more here
How can we help?
If you’d like advice about your civil partnership one of our specialist family lawyers will be able to advise you. We offer an initial fixed fee interview in all cases so that you can find out about your options and the likely cost without any obligation.
Contact John Pratley Carol Chrisfield
Contact Tracey Walker |
