Civil Partnerships

The Civil Partnerships Act came into force on 5 December 2005.  This enables same sex couples to obtain legal recognition of their relationship by registering a civil partnership.

Sadly, some civil partnerships will break down and court proceedings may be issued to dissolve the civil partnership. The court procedure upon dissolving a civil partnership and resolving the finances of civil partners is similar to divorce and ancillary relief proceedings between spouses.

Dissolution

You cannot apply for a dissolution order unless you have been in a civil partnership for over one year. One party to the civil partnership must also either be domiciled or resident in England and Wales. The only ground for dissolving a civil partnership is that the partnership has irretrievably broken down.

Financial Relief

On an application for a dissolution order or any time afterwards the court may make financial orders. The available orders, the factors to consider and the procedures to follow are similar to those of divorce proceedings.

Voluntary Agreement

It is important that you make every effort to resolve financial issues amicably without resorting to court proceedings. If a voluntary agreement can be reached between you and your civil partner then you should have a Consent Order drawn up reflecting the agreement you have reached. A Consent Order is a legally binding court order.

Factors/Orders

The court takes various matters into account when considering what orders should be made. The court is obliged to consider all the circumstances of the case and will give first consideration to the welfare of any children in the family under the age of 18.

Court Proceedings

Not all cases are settled by a voluntary agreement. If an agreement cannot be reached within a reasonable period of time (or the other party will not co-operate or full disclosure is not given) then it may be necessary to commence Court proceedings.

Even after Court proceedings have commenced, it is very important to make every effort to come to an agreement with your spouse so as to save time and costs. More often than not, it is possible to settle a case on terms that are satisfactory to both parties, prior to the final Court hearing.

Chafes have an experienced Family team that can guide you through the resolution of your civil partnership.