Ending your civil partnership can be an emotional time, and feeling overwhelmed at the situation is a natural feeling. If you are unsure on what the next steps are, our civil partnership dissolution solicitors provide simple and concise advice to assist and guide you. Here at Birkett & Co Solicitors, we understand the difficulties some may face coming to terms with the fact that your civil partnership has ended and we will assist you with our utmost empathy.
Civil Partnership Dissolution Solicitors
In the first instance, you may want to apply for Civil Partnership Dissolution under the Divorce, Dissolution and Separation Act 2020 which is the legal process of ending a civil partnership. A civil partnership is afforded the same legal rights and status as a married couple and the process to ending a civil partnership is very similar to that of ending a marriage.
Requirements for dissolution
From 6th April 2022, no-fault divorce was introduced which means you are no longer required to provide a reason to the Court for the breakdown of your civil partnership. Separating civil partners must have been in civil partnership for at least one year before applying to legally end it, as must those who are married.
Resolving finances as part of the dissolution process
Resolving finances as part of the dissolution process is vital. It is important to obtain a final Financial Order setting out how assets, liabilities and pensions are to be divided and the way in which they are divided depends on the individual circumstances of each case, although the same legal principles apply to each.
If you and your civil partner have reached a dissolution settlement, you can ask the court to make this into a Financial Order. If you cannot agree finances with your ex-partner an application will need to be considered for the Court to determine the financial settlement, if all other options have been exhausted.
Regardless of whether there are no or limited assets, a Financial Order should be considered, even if you are amicable and have made an informal agreement to never make a claim against each other. Without a legally binding Financial Order each party maintains the right to make a claim against the other which may potentially have devastating and unexpected consequences.
The only exceptional circumstance where this would not be possible is if you were the Respondent in the dissolution application and you have remarried. In any event, you should seek legal advice for guidance in relation to your specific circumstances if you are unsure.
Types of Financial Court Orders
There are several types of Financial Orders that can be obtained.
Orders include:-
- A Lump Sum Order – payment often used to balance out the division of other assets.
- Property Adjustment Order
- Periodical Payments – payments that provide one party with a regular form of income. An example of this is typically spousal or in certain circumstances incorporating child maintenance.
- Pension Sharing Order – this enables pensions to be divided.
What if I am not ready to dissolve the civil partnership but we need to arrange finances?
If you are considering separating from your civil partner but have not yet decided on whether you want to legally dissolve the partnership, you may want to enter into a Separation Agreement.
The Agreement sets out the terms of the separation including how assets, debts and responsibilities for their children (if applicable) will be divided. It can enable separating couples to move forward with an element of certainty in respect of financial or other matters even if they are not yet ready to legally end the partnership.
In the event you wish to dissolve your civil partnership in the future, you can apply to the court for a Financial Order which can reflect the terms set out in your Separation Agreement. Once the Agreement has been approved by the court, the Financial Order is legally binding.
How to enter into a Separation Agreement?
If you are unsure where to begin, we offer a free 30-minute initial consultation with a family lawyer who can assist you in relation to your circumstances so please don’t hesitate to get in touch to arrange an appointment.
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