What you need to know about civil partnership divorces
Although the advent of civil partnerships and same-sex marriages has been one of the more positive societal changes of recent times, unfortunately things can go wrong from time-to-time, with couples feeling they have no choice but to bring their relationships to a close. If you are in a civil partnership and wish to formally end it, you will need to apply for a dissolution.
You will need to have been in the civil partnership for a minimum of a year if you wish to apply for a dissolution or divorce. The person who wishes to dissolve the partnership is known as the applicant, with the ground for the dissolution being that the partnership has broken down and cannot be repaired.
Reasons that can be given by the applicant can include unreasonable behaviour. This can include the other person having a sexual relationship with another person. If the couple have been separated for two years and the respondent gives consent for the dissolution, this will normally be seen as suited grounds, and the dissolution should be able to go ahead even without consent if the couple have been separated for five years. If there has been a minimum of four years’ desertion, this will also be seen as suitable grounds. If the application is accepted by the judge, they will usually grant a Conditional Order. Six weeks later, they will grant the Final Order, officially ending the civil partnership.
Your status regarding children will not change if your partnership is dissolved. For instance, both parties will remain legal parents if they jointly adopted a child. If a step-parent acquired parental responsibility, they will not normally lose it, though this can be ended by a court order. If care arrangements cannot be agreed, any partner will be able to apply to the court for an order. Parents including unmarried fathers, civil partners of the legal parent, guardians and people who already have residence and child arrangement orders will be able to apply without getting permission of the court. Those with a close relationship with a child may be able to influence where the child can live, but they won’t be able to say how the child should be raised.
Income and Capital
Same-sex couples are treated the same way as heterosexual couples when it comes to how income and capital are divided. One partner may be ordered to transfer property to the other by the court, which can also order a property to be sold and its proceeds to be divided. One partner may be instructed to give the other a lump sum or pay maintenance.
The law around civil partnership divorces and dissolutions can seem very complex, but HS Lawyers have a great deal of experience when it comes to advising and supporting those going through the end of a civil partnership or same-sex marriage.
At HS Lawyers we have experienced Family law experts who can guide you through the process of getting divorce. We also offer an initial consultation if you require to discuss any legal advice on matters related to family Law. Contact us today to find out more.