Civil Partnership Dissolution
Our family law solicitors understand that when your relationship breaks down, you need not only first-class legal advice but also emotional support. Navigating a divorce or civil partnership dissolution can be a daunting prospect, but our solicitors will be by your side every step of the way, guiding you through the process and protecting your interests and those of your family.
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What Is The Process For Getting A Civil Partnership Dissolution?
The process for getting a civil partnership dissolution is the same as for getting a divorce and is as follows:
• Filing For Civil Partnership Dissolution
You can apply for a civil partnership dissolution on your own or jointly with your civil partner. The application must contain a statement declaring that your civil partnership has irretrievably broken down. You must have been in your civil partnership for at least a year before you can make the application.
• Responding To A Dissolution Application
If you filed for divorce on your own, a copy of your application will be sent to your civil partner, who will have 14 days to confirm receipt. Your civil partner can agree to the dissolution or dispute it. However, the scope to dispute a civil partnership dissolution is very limited. So, unless your civil partner can show that the application should not progress because, for example, the English Courts do not have jurisdiction, your application will proceed.
• Cooling Off
A mandatory 20 week ‘cooling off’ period ensues before you can take any further steps in the civil partnership dissolution process. You may utilise this time to explore reconciliation or try to reach an agreement with your partner over crucial issues such as how your assets should be divided, and where your children should live.
• Conditional Order
When the cooling-off period ends, you can apply for a ‘Conditional Order’ from the Court. This document does not signify the dissolution of your civil partnership, but simply that the Court accepts that you are entitled to a dissolution.
• Final Order
When six weeks have passed from the date of the Conditional Order, you can apply for a Final Order. The Final Order is the document that legally ends your civil partnership.
What Issues Do You Need To Consider When Getting A Civil Partnership Dissolution?
The issues that arise in a civil partnership dissolution vary depending on the couple’s circumstances. Often, the two most pertinent matters that must be addressed are the division of the couple’s assets and child arrangements.
• Financial Settlements
How a couple’s assets should be divided is often one of the most difficult issues to resolve when a relationship breaks down. Whilst both you and your ex-partner will likely have strong opinions on the matter, it is always best to resolve the financial aspects of your dissolution without resorting to court proceedings wherever possible. If you cannot reach an agreement between yourselves, several alternative dispute resolution methods, such as family mediation, may assist you in doing so. Our family law solicitors will talk you through your options and help you decide whether any might be appropriate in your case.
Of course, the circumstances of some civil partnership dissolutions are such that compromise is simply impossible. In these cases, you may need to seek the court’s intervention to resolve the issues. When deciding how to divide your assets, the court will consider a number of factors, including your financial positions and needs, how long you were together, and the needs of any children.
Parental Separation
Our family law solicitors understand that the emotional strain of a relationship breakdown can be intensified when the couple are parents. One of the most distressing consequences of a civil partnership dissolution can be having to accept that your child’s time will probably need to be divided between you and your ex-partner in the future. Issues such as where your child should live, how they should split their time, relocation, and maintenance can significantly complicate the civil partnership dissolution process.
Our family law solicitors are mindful of the potential impact of parental conflict on a child and are committed to achieving a fair resolution of the issues without your family needing to endure the stress of court proceedings. They will discuss each of your options with you and explain how the processes work. Once you and your ex-partner have agreed on a way forward, our family law solicitors will support you through your chosen method, seeking a swift and just outcome.
If your matter is incapable of resolution by any means other than litigation, our family law solicitors will ensure you understand the nature and purpose of each stage of the proceedings and work closely with you to secure an outcome that enables you and your family to concentrate on building a positive future.
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