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As a result, then in the event of the breakdown of a civil partnership, the parties assets and their financial positions generally are regulated by very much the same rules that apply in a divorce situation. All the same options are available to you and your partner, and an experienced family lawyer will be able to help you through the process.
Like marriage, a civil partnership is capable of annulment in certain circumstances, and you can choose a separation order rather than dissolution. As with marriage too, separation does not sever the legal relationship entirely and without dissolution neither partner can enter a new civil partnership or marriage.
The dissolution process closely follows the divorce process, using the same court procedures and the same laws and court rules. An application for dissolution must be made and this must show that the civil partnership has irretrievably broken down by reference to one of the following facts:
- 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
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One difference between dissolution of a civil partnership and divorce is that there is no adultery ground available to people wanting to dissolve a civil partnership due to their partner’s infidelity – this is because the legal definition of adultery relates specifically to heterosexual couples. In this situation a dissolution based on the other person’s unreasonable behaviour could apply.
As with divorce, so with dissolution in that financial orders can be made covering maintenance payments, payment of a lump sum, the transfer of property from one partner to another, pension sharing and orders for the benefit of the children. Such orders can be made with the parties' consent following agreement reached through mediation, the collaborative process or traditional negotiation. For more information on these alternatives, please refer to the relevant pages on this website.
Civil partners, like married couples, acquire certain automatic rights upon the death of one of them as well. A pre-existing will is revoked by civil partnership, just as it is by marriage, unless it is stated to be expressly in contemplation of the civil partnership. When you have entered a civil partnership, you may also wish to make a new will either to protect your new partner or to provide for dependents from a previous relationship.
For more detailed advice, please contact Melanie Grant or Julia Weber.
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