The ending of a civil partnership brings forth the same issues as the ending of a marriage. If one party wishes to bring the legal relationship to an end then a dissolution must be sought. Of course many couples are content to informally separate for at least a period prior to a formal dissolution - there is no requirement to go rushing off immediately to see a solicitor.
However if there are outstanding issues, particularly financial, then it is wise to put in place a Separation Agreement regulating such matters as on-going monetary commitments, including child or alimentary payments and the future division of your joint property. This can give you security and peace of mind. Such Separation Agreements are binding and it is essential to ensure that you fully understand the implications of signature.
We can draft Separation Agreements and can assist in a number of ways:
- We can provide general guidance on such Agreements under our Preliminary Advice Package
- We can revise an Agreement prepared by your partner’s solicitor
- We can incorporate settlement terms reached between you and your partner into a formal binding Separation Agreement or
- We can deal with all matters from start to finish including instructing the valuation of any assets, negotiating a fair settlement on your behalf and drafting the Agreement.
In the event that the financial aspects cannot be agreed, a court would require to decide the disputed issues.
The care arrangements for any children will also have to be carefully considered. You know your children and your own circumstances better than anyone else. In the event that parents disagree over where their children should live and when they should spend time with each parent, mediation can help reach a solution. Again, if all else fails, a court make the decision as a last resort. The court’s main concern will always be the best interests of the children.
There are two grounds on which a dissolution of civil partnership can be sought.
The first is that the civil partnership has broken down irretrievably as evidenced in one of the following ways:-
- Adultery
- Unreasonable Behaviour
- Non Cohabitation for a period of one year with the consent of the other party.
- Non Cohabitation for a period of two years
The second ground is that an interim gender recognition certificate has been issued.
If you would like advice on what grounds are appropriate in your case, the evidence that may be required and the costs involved, please contact a member of the family law team.
