Same sex couples can register their relationships formally as a Civil Partnership. Civil Partnership is a relatively new legal relationship, exclusively for same-sex couples.
What is the process for Dissolution of a Civil Partnership?
In the unfortunate circumstance of a couple same-sex couple choosing to dissolve their civil partnership, the process followed is very similar to divorce proceedings, albeit with two main amendments:
1. The fact of “adultery” is not available. However you may include infidelity, to support an “unreasonable behaviour” fact.
2. Several technical terms are different. For example, the equivalent of a decree nisi in divorce is called a Conditional Order in civil partnership dissolution. Similarly a decree absolute is called a Final Order.
At Pinto Potts we have helped many same-sex couples to dissolve their civil partnerships, with professionalism and sensitivity. We understand that the process of civil partnership dissolution is separate and distinct from divorce, and will be happy to explain the process to you, or answer any questions you may have in a FREE consultation.
How can I protect myself financially?
Civil partners are provided with the full range of Financial Orders that are available to married spouses including property adjustment orders, periodical payments orders, interim maintenance, sale of property orders and pension sharing orders.
Click here to learn more about Settlements & Financial Orders.
Separation & Children
Civil partners can obtain parental responsibility for a child by an order or by agreement, in much the same way as a step-parent who marries a parent. They are entitled to apply for contact, residence, prohibited steps, specific issue and special guardianship orders without the need to obtain leave (i.e. permission) of the Court.
Click here to learn more about Children’s issues.
Inheritance upon Death of a Civil Partner
Civil partners have the equivalent rights of a spouse on the death of their civil partner.
It is important to note that the formation of your civil partnership invalidated your existing Will. If you do not have a Will, then your surviving civil partner can only rely on intestacy rules in the same way as married couples do. If you do not wish to leave your partner open to the intestacy rules, you should consider having a Will prepared.
The law also provides that if the civil partnership has dissolved, then gifts in the will to the former civil partner are ineffective.
It is worth noting that we advise people who are dissolving a Civil Partnership to make new Wills. Without a Will, more assets than you intend may go to your soon to be ex-partner, in the sad event of your death.
Click here to learn more about Wills.
How do I move things forward?
If you would like to speak to a member or our Family Law team about dissolving your Civil Partnership, please call us at Freephone 0800 316 4434 or locally at 01252 361 200 or email us.
Additionally you can use our easy “How Can We Help” service. All you need to do is fill in the form on the right-hand side of the page with the relevant details and we will contact you promptly and discretely by your preferred method. We’re here to help you.
One of our Family Law solicitors will be able to provide you with clear and concise advice on dissolving a civil partnership for you.