At Bastows, our Civil Partnership solicitors can provide assistance with civil partnership dissolutions as well as creating Civil Partnership Agreements or Pre-Registration Agreements.
Civil Partnerships allow same-sex couples the same legal rights as married couples, however when the relationship ends, they can apply for financial provision in a similar way to married couples. This process is referred to as the ‘dissolution’ of a civil partnership and same-sex couples need to apply to the court for an ‘application for dissolution’.
A Civil Partnership dissolution can occur after 12 months or marriage, similar to divorce apart from adultery, which is not a fact. There must be evidence of irretrievable breakdown, evidenced by one of four facts.
The terminology is different but the procedure is the same as for divorce apart from adultery not being a ground for dissolution. Instead of Decree Nisi you will obtain a Conditional Order and instead of Decree Absolute, a Final Order will be made.
All the circumstances of the case will be taken into account. The first consideration will be the welfare of any child under 18.
- Earning capacity
- Property and other financial resources
- Standard of living during partnership
- Loss of future benefits including person
The court must consider a clean break, as in divorce it is likely that case law followed in matrimonial matters will be followed in dissolution of civil partnerships.
The rights and responsibilities of civil partners are on a par with married couples and include:
- Equal treatment for purposes of life insurance
- Same tax treatment as married couples
- Inheritance tax exemptions
- Capital gains tax transfer free
- Next of kin in hospital
- Recognition for immigration and nationality purposes
- Same pension and employment benefits as married couples
- Duty to maintain each other and any children of the family
- Succeed to a tenancy
- State benefits
- Law of Intestacy- same intestacy rights as married couple
- Same level of protection from Domestic Violence
- The ability to obtain parental responsibility for each other’s children
- Immunity from testifying against each other in court
- Access to fatal accidents compensation
- Right to provision under Inheritance (Provision for Families and Dependants Act 1975) from estate of deceased partner
We are able to offer specialist advice on Civil Partnership dissolutions and creating a pre-registration agreement. For more information, please contact our Civil Partnership solicitors today on 0845 680 6045 and a member of our team will be happy to help you.