Dissolution Of A Civil Partnership

Civil Partnership Dissolution - "Gay Divorce"

Unfortunately, some Civil Partnerships will fall apart. The Partnership will have to be formally dissolved through the Courts; this is legally referred to as “civil partnership dissolution” and not “divorce”. Civil Partnership dissolution cannot be undertaken within the first year of that Civil Partnership.  A question we are frequently asked is, is a civil partnership dissolution the same as a divorce?

The only ground for the dissolution of a civil partnership is the irretrievable breakdown of the relationship. This must be proven by citing one of the following facts:

  • Unreasonable behaviour
  • 2 years separation and consent to a divorce
  • 2 years desertion
  • 5 years separation

 

The only difference to a heterosexual divorce is that the ground of Adultery cannot be relied upon for a "gay divorce". Adultery is a specific legal term relating to heterosexual sex and which cannot be used as grounds for a civil partnership dissolution. If one of the partners is unfaithful the grounds for dissolution may therefore be unreasonable behaviour.

Separating civil partners have the same financial legal remedies as divorcing couples. If you’re in a civil partnership you have rights to claim maintenance, lump sum payments, property transfer and pension sharing/attachment orders.

After the dissolution of your civil partnership you can acquire parental responsibility of your civil partner’s child by agreement or Court order thereby conferring all the rights and responsibilities that divorcing parents retain in relation to children. It is possible for separating civil partners to apply for residence or contact orders also.

In general civil partners are treated as married people for the purpose of entitlement to welfare benefits.

Any will is automatically revoked on registration of a civil partnership. If no will has been made civil partners automatically inherit under the intestacy rules. If a will or the intestacy rules do not make reasonable financial provision, then a civil partner can bring a claim against the deceased’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. Anything left to a Civil Partner either by will or passing by intestacy are exempt from Inheritance Tax. (A Will is probably one of the most important documents you will ever make in your life. Our Wills service has helped many gay people understand the importance of having a Will – if you don’t have a Will don't delay, contact Lee Trubshaw to see how we can help - or see the "Contact Us" section at the top of this page ).

Lee Trubshaw, gay solicitor, can offer you Civil Partnership Dissolution advice (gay divorce) - legal advice for gay men, lesbians and Civil PartersCONSIDER A PRE-PARTNERSHIP AGREEMENT?

You can enter into a pre-civil partnership agreement setting out what the partners would want to happen if the partnership breaks down and ends in a dissolution. The Court will take into account what the pre-civil partnership agreement provides when considering all the circumstances of the couple’s case.

EXPERT LEGAL ADVICE FOR GAY MEN & LESBIANS

The legal, financial and emotional impact of the breakdown of a civil partnership can be considerable.

Expert individual legal advice is almost always recommended as every case is different.

Bradin Trubshaw Solicitors have been serving the legal needs of gay men and lesbians for 6 years. We are based in the West Midlands but have represented gay men and lesbians across the UK.

For further information on civil partnership dissolution, contact Lee Trubshaw on ljt@btpsolicitors.co.uk or 01922 612444.

 

Civil Partnership Dissolution advice (gay divorce) - legal advice for gay men, lesbians and Civil Partners

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