The Civil Partnerships Act came into force in the UK on the 5th December 2005, and from that date onwards same-sex couples have been able to register their partnership at their local Register Office. Registration gives the parties just about all of the legal rights and responsibilities of a married couple, including rights in housing, inheritance, pensions and employment, and concerning children. Registration also brings with it some of the legal responsibilities that a married couple would have. However as with marriage there is no guarantee that things will remain “happily ever after” and this will affect Civil Partnerships in the same way.
If civil partners do decide to separate on a permanent basis, unfortunately there is no such thing as a civil partnership divorce. The civil partnership can, instead, be dissolved by the courts and this is called “Dissolution of Civil Partnership”.
The grounds for dissolution are that the partnership has broken down for good (irretrievable breakdown) and one of three facts can be used to prove this:
i) Unreasonable behaviour ii) One year separation, and the consent of the other partner iii) Two years separation
A SEPARATION AGREEMENT is usually able to deal with division of the assets of the partnership, such as the house and pension funds, and to make orders in respect of children, such as residence and contact. Thereafter an application for dissolution can be progressed usually on the ground of one year separation with consent. However if the parties cannot agree then raising the appropriate action in the Sheriff Court is usually the only way forward.
For advice if your civil partnership has broken down and you feel you need an experienced lawyer, contact Wright & Co here, or telephone (0044) 131 467 5566
Wright & Co 5e Giles Street Edinburgh EH6 6DJ