Family, collaborative Law and Mediation

CIVIL PARTNERSHIPS

Since the introduction of the Civil Partnership Act, same sex couples may marry and gain similar rights to those already afforded to opposite sex, married couples.

Upon breakdown of a civil partnership, partners are able to consider dissolution proceedings.

We will be able to assist you with all issues arising out of the separation from your civil partner including dissolution of the marriage, financial arrangements, arrangements for children, and any measures needed to protect personal safety.

For the dissolution process, we must involve the court by issuing a petition based on an irretrievable breakdown of the civil partnership. This is evidenced by either the ex civil partner’s unreasonable behaviour, desertion, separation for 2 years with consent and separation for 5 years. The person issuing the petition is called the petitioner and the other is the respondent. The court process can be very straightforward as long as both partners perform the requisite tasks on time, and there are no delays for matters, which may arise and need to be dealt with.

A voluntary process of financial disclosure is quite normal, whereby both gather together relevant documents to provide a clear understanding of the financial positions of the parties. This disclosure is then exchanged between the parties or solicitors, with a view to negotiating a financial settlement. Once disclosure has taken place we would be in a position to advise you what type of settlement should be the most suitable for you. Offers can be put forward and if an agreement is reached this can be incorporated within a court order. The civil partnership will be dissolved upon pronouncement of a final order.

There is an ancillary relief court process that can be used if it is not possible to negotiate a settlement or your partner will not take part in the voluntary exchange process. This involves the court and requires obligatory financial disclosure and attendance at court.

The costs and the process. We are able to advise you on what is involved and what may be suitable for you.

TELEPHONE: 0800 135 7917 (No Charge)