Resolution

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  Civil Partnerships - Dissolution

   
 

The Civil Partnership Act 2004 came into operation on the 5th December 2005 and enables a same sex couple to register as civil partners of one another.

A civil partnership can only be brought to an end by death, annulment or dissolution. Dissolution is a court based process and the one ground for dissolution is that the partnership has broken down irretrievably. To prove this, there must be one of four possible facts including unreasonable behaviour, and a period of at least two years separation.

A Dissolution Petition is filed with the Court by a Petitioner and served on the other partner who then has the opportunity to respond. If the Petition is not contested, the Petitioner then applies for a Conditional Order (half way stage) to be pronounced by the Court. The Court will grant the Conditional Order if satisfied that the Petitioner has proved their case. Six weeks and one day after the Conditional Order has been pronounced, the Petitioner can apply for the Final Order.

When civil partners separate, their finances need to be resolved. We have the expertise to advise and assist clients to conclude such matters. We encourage former partners to discuss matters directly, or through mediation, with advice from us prior to any agreement being reached. If an agreement cannot be reached then application through the Courts can be made. The vast majority of cases settle by agreement without the need for a final hearing.

 
 

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