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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