Civil Partnerships
If you are thinking about entering into a civil Partnership we can help you with a Pre-Registration Agreement (sometimes referred to as a “Pre-Cip”) to record your present intentions with regard to financial arrangements and what you want to happen in the event of a dissolution of your relationship.
Similar provisions apply as to Pre-Nuptial Agreements
We can also advise you on issues arising from the breakdown of a Civil Partnership. Dissolution is the name for the process designed to end your Civil Partnership. A Civil Partnership only ends on death, dissolution or annulment. One of the first questions you will be asked by us is if Dissolution is a step you really wish to take.
Alternatives can include:-
- Exploring ways to try and resolve the difficulties in your Partnership to avoid a final breakdown, such as a referral to Relate.
- Considering a separation. We can assist you in agreeing arrangements for living apart from your Partner, particularly if there is no immediate basis for a divorce. This can be the most amicable way of resolving matters and a document can be drawn up setting out the terms of agreement. This is not a process that involves the Court, but to be effective, both parties should be independently advised by a solicitor.
- Separation Order – This is not a dissolution, but involves the Court in the same way an Application for Dissolution does. It is usually used where there are personal views against ending a Civil Partnership in the way a dissolution does. Please note you still have to rely on the same facts as you do for a dissolution and we would refer you to the note below on this point.
Dissolution is only possible where there has been an irretrievable breakdown of the relationship. This has to be supported by one of four facts:-
i. Unreasonable behaviour by your Partner.
ii. Desertion – where your Partner has left you for a period of two years
iii. Two years separation where your Partner consents to a dissolution.
iv. You have lived apart from your Partner for a period of five years or more (their consent is not required).
Where appropriate, we would try and agree the terms of a dissolution with your Partner or their solicitor in accordance with the code of conduct known as the Family Law Protocol. This is designed to try and keep conflict between you and your Partner to a minimum.