Civil Partnerships

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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