If you are a same sex couple and wish to formalise your relationship, you can now either marry or register a civil partnership.
If you are thinking of entering into a civil partnership and are worried about protecting your assets we can help you put together a formal agreement setting out the terms of your partnership and any assets that may be involved.
Like any other agreement, a civil partnership document sets out both the beginning of the agreement and what arrangements should be made at its end. As with all agreements, the point is to be able to provide for the unexpected in a professional way.
Both partners need to be free of marital commitments or previous partnerships and part of our role will be to check for registered divorce papers (decree absolute) or equivalent documents.
It is also a good time to take the opportunity to think about updating your will and other testamentary arrangements, such as tax planning and ensuring that property deeds reflect your current and future needs.
An unhappy ending
Sometimes, things must come to an end and separating is known to be one of the most stressful acts we can carry out but you don’t have to do it alone. We can help you understand exactly what you need to do, when – and support you with advice that ensures your interests are protected, no matter what.
Dissolving a civil partnership (‘dissolution’)
As with Divorce, you must show that your civil partnership has irretrievably broken down by proving one of these facts*:
- Unreasonable behaviour.
- Two years separation with consent.
- Five years separation.
*Unlike divorce, adultery doesn't apply to same sex couples.
Initiating a dissolution
To initiate a dissolution, you’ll need to file a petition at the appropriate Family Court. We’re happy to prepare this for you and handle all the other steps of the process so that everything goes smoothly.
Once you've filed your petition, the court will first issue a conditional order, followed by a final order which officially dissolves your civil partnership. The whole process usually takes around four months.