Separation is an extremely emotional time for both parties without either party apportioning blame. It is important to be aware of the basics of the process involved in dissolving a civil partnership.
Dissolution is the process where a civil partnership is dissolved after the civil partnership, after the expiration of a year. The process is similar to divorce for opposite sex couples.
Grounds for dissolution
A civil partner may apply to the Court for the civil partnership to be dissolved by proving that the civil partnership has broken down irretrievably. This can be proven in one of four ways. Unreasonable behaviour is the first possible option, and generally the most common. Where the civil partners have been separated for longer than two years, it is possible to apply for dissolution where both parties consent. In addition, it is possible to apply where a party has deserted the other for two years, or where the parties have been separated for five years.
This area of law is complex. You should seek advice from a solicitor who specialises in family law. At the same time, it is important to consider the division of assets as well as the children of the family. A family solicitor would be able to advice you about these issues also.
Financial matters
The division of assets upon dissolution is a separate issue. The law is complex in this area and you should seek advice from a solicitor. It is possible to attend mediation to attempt to reach an agreement together. The better you work together to reach an agreement, the easier the process will be. In the event that this is not possible, a solicitor can assist you with an application to the Courts to resolve matters.
Family matters
It is essential to consider the welfare of any child of the family and to consider the future arrangements. Your solicitor will be able to assist with this also.
Fees for dissolution
Many solicitors will deal with the dissolution by way of a fixed fee. Your solicitor will provide you with a quotation before commencing work for you. There are various associated costs, when dealing with issues such as financial matters and children. Your solicitor will be able to go through these with you.
Author: Angela Singleton
DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. This article is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, please speak to 828 Law directly.