Same sex couples can now enter into a civil partnership which gives them
far greater legal rights both during the civil partnership in relation
to pension rights, inheritance rights and other legal benefits benefits,
and affords them a greater level of protection financially upon the breakdown
of a relationship.
When a civil partnership breaks down a civil partnership
can only be brought to an end through formal court proceedings. The only
ground upon which a civil partnership can be brought to an end is that
it is has broken down irretrievably. It is necessary to rely on one of
four facts to prove the break down of the civil partnership. Those facts
are unreasonable behaviour, two years separation with the consent of the
other civil partner, two years desertion and living apart for more than
five years.
Dissolution proceedings are commenced by the filing of
a Petition with the court which must be served upon the other party.
The Judge will consider all of the paperwork filed with
the court during the course of the proceedings and will grant a certificate
confirming that the civil partnership has broken down and that a conditional
dissolution decree will be granted.
There are two distinct stages within dissolution proceedings.
The first is the pronouncement of the Decree Nisi which recognises that
the civil partnership has broken down and the final stage is the pronouncement
of the Final Dissolution Decree which is the document which brings the
civil partnership to an end. Upon pronouncement of the Final Dissolution
Decree both parties revert to single person status.
On average dissolution proceedings take between four
to six months from commencement of the proceedings through to pronouncement
of the Final Dissolution Decree.
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