MCP Solicitors' Guide To Civil Partnerships
If your Civil Partnership sadly does not work out, MCP Solicitors can help you dissolve it. The procedure for dissolving a Civil Partnership is basically the same as a standard Divorce.
What criteria must be met in order to dissolve a Civil Partnership?
The Civil Partnership must have been in effect for at least 12 months.
The Civil Partnership must be shown to have broken down irretrievably and one of the four reasons below must exist:
- Unreasonable behaviour
- Two years separation if you both agree to the dissolution
- Five years separation if there is no agreement to the dissolution
- Desertion for two years
It should be noted that adultery itself cannot be a reason, but this may be considered unreasonable behaviour.
What are the issues surrounding finances in the dissolution of Civil Partnerships?
The issues surrounding finances in the dissolution of Civil Partnership are basically the same as for a standard Divorce. For more information on finances in divorce please visit our page on Finances, Pensions and Property.
What happens to the child of someone in a Civil Partnership?
While the child will probably live with their parent, the non-parent can apply for contact, residence and orders regarding specific issues and special guardianship.
Can a Civil Partnership be declared void rather than dissolved?
In some instances a Civil Partnership can be declared void and treated as if it had never existed.
This could be the case if the original eligibility criteria were not met or if no valid consent were given (for example consent were given under duress, by mistake or while unsound of mind).
A Civil Partnership cannot be declared void due to non-consummation.
The voiding of a Civil Partnership must be sought within three years of its creation.
