Civil Partnership Dissolution

5th December 2005 saw the introduction of the Civil Partnership Act allowing same sex couples to have legal recognition of their relationships.

Once a civil partnership has been entered into, same sex couples are entitled to received similar treatments and benefits as that of any couple. In legal terms this includes;

In relation to children, the ability to apply for a parental responsibility order in the same way as a step parent in the case of a married couple
Access to compensation for fatal accidents
Inheritance rights including in relation to a tenancy
A civil partner is entitled to be treated in the same way as a spouse with regard to applications made under the Inheritance (Provision for Family and Dependants) Act
Domestic violence protection
Hospital visiting rights as next of kin
Benefits that arise from pension and employment
The same financial relief in proceedings for dissolution as those available to a married person namely:
Maintenance during and after the dissolution
Lump sum orders
Property adjustment orders
Pension sharing orders

Dissolution of a civil partnership is similar but not identical to divorce. To obtain dissolution the parties need to:

Have maintained a civil partnership for at least a year
Show that the partnership has irretrievably broken down by proving one of the following facts;
The other parties' unreasonable behaviour
Separation of two years with both parties consent
Separation of 5 years
Desertion by the other party for a period in excess of 2 years

The outcome will depend on the circumstances of each case and there is no one size fits all solution.

A lot will depend on the experience and capability of your chosen lawyer. Here at Pinney Talfourd, our specialist family lawyers will be able to advise and assist you through this very difficult time and alreday have vast experience in this area.

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