paulineWhen Civil Partnerships Breakdown, Is Civil Partnership Dissolution The Answer?
2004 brought the introduction of new legislation which permitted the legal union of same sex couples in a civil partnership. This was welcomed by many.
Some same sex couples liked the idea of being legally called “civil partners”, and the commitment associated with it. However, no partnership is without its occasional problems, and if the problem becomes serious enough, a civil partnership can break down. This can be a daunting, stressful and uncertain time. Unless one of the partners dies, a formal legal process is usually necessary to end a civil partnership – this is known as civil partnership divorce (or civil partnership dissolution to give it its correct and formal name).
There are a number of factors to take into account when a civil partnership looks like breaking down.. Firstly, there may be people affected by the ending of the partnership who will need to be informed. For example, if the partners are living in rented accommodation, the landlord of the property will usually need to be informed. Other parties such as doctors and dentists may need to be informed. Secondly, there may be issues involving children that need to be taken into account. If one of the partners came into the current relationship with children from a previous relationship, arrangements will have to be made so that the children are taken care of after the partnership ends. It is vital that the civil partnership dissolution causes the least amount of disruption to the children and maintains a good relationship between at least one of the partners. Thirdly, if the partners share a house and have a joint mortgage, an issue of home ownership is very likely to arise. Finally, other financial obligations and issues may need to be take care of.
If the relationship breakdown looks like leading to civil partnership dissolution, the partners involved should seek specialist legal advice from family lawyers who specialise in civil partnership divorce -and seek that advice at the earliest stage possible. The stress and strain of a civil partnership dissolution can be overwhelming for anyone involved and the process can easily become complicated – especially if money, property or children are involved.
One partner can apply for civil partnership dissolution after the couple has been in a legal civil partnership for over a year. This time lapse is to try and ensure that a reasonable time has passed before one or both of the partners wants to apply for a dissolution. A separation order can happen at any time, and means that the partners no longer have to live together. An annulment[which is an extremely rare order indeed] occurs when the judge declares the civil partnership as void – in effect that it was never valid in the first place.
