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Need a Divorce? - Its called Dissolution 

 

 


  • Inevitably some relationships, be they, civil partnerships or marriage, breakdown and legal proceedings need to be commenced to bring the relationship to an end or to preserve the legal rights of the individuals concerned.

  • Civil partners are afforded largely the same rights as married couples who find themselves dealing with divorce proceedings. Civil partners are able to obtain advice and counselling to try and avoid their relationship coming to an end. For those that do not wish to entertain this or find their differences irreconcilable, lawyers will be needed to protect your rights and property.
  • You cannot apply to dissolve your partnership within the first 12 months of registaration. There are limited circumstances where annulment rather than dissolution applies, please contact us if you think this applies to you.
  • It is also possible to apply to Court for a Separation Order which mirrors the equivalent order for married couples but does not dissolve the partnership.
  • An application for dissolution for the most part mirrors the requirement for divorce. It is still encumbant on the applicant to show that the relationship has irretrievably broken down.
  • The Applicant is required to show at least one of the following:
      • Their partner has behaved in such a way that it would be unreasonable to expect the applicant to continue to live with him or her
      • Both partners agree to the dissolution and have been separated for 2 years
      • They have been separated from their partner for 5 years
      • Their partner has deserted them for a period of 2 years or more.
  • No ground of adultery exists, although it is likely this would fall within the unreasonable behaviour ground.
  • When applying for a dissolution, applications can also be made for financial orders covering maintenance payments, the transfer of property from one partner to another payment of a lump sum, pension sharing and orders for the benefit of the children. The court must try and provide for a clean break wherever possible but can award maintenance where it is needed.

For legal advice regarding any aspect of a Civil Partnership please contact, Pauline Troy:

e: pauline.troy@blackfords.com

t: 020 8603 1757

m: 07917 784620

For details of all the legal services that we can offer our clients see www.blackfords.com or telephone 020 8686 6232.