Introduced in 2005, civil partnerships were originally intended for same-sex couples to put their relationship on a similar legal footing to that of marriage. The law changed in 2013 to allow same-sex marriage, and then again in 2019, which extended civil partnerships to opposite sex couples.
Introduced in 2005, civil partnerships were originally intended for same-sex couples to put their relationship on a similar legal footing to that of marriage. The law changed in 2013 to allow same-sex marriage, and then again in 2019, which extended civil partnerships to opposite sex couples.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Liza Gatrell. Vicki is a trusted and highly capable family lawyer and divorce solicitor and a Partner at the specialist family law firm, Stowe Family Law.
What is dissolution?
Dissolution is the formal term that describes bringing an end to a civil partnership. It uses the same process as that of divorce and takes around 6-7 months to complete. However, this is also dependent on whether there are connected issues to resolve, such as children matters or finances, which both have the potential to extend the time for dissolution.
Financial remedies and child arrangements procedures are the same as that of divorce and utilise the same adapted laws.
How are finances resolved after a civil partnership dissolution?
The dissolution of a civil partnership has the same effect as a divorce with the starting point for division of assets 50:50. However, depending on the circumstances of the case, there can be significant variations in financial settlements.
In the event that you cannot reach an agreement with your ex-partner about division of partnership assets, then you can ask the court to decide via a financial remedy application. Before you can apply for any order in family proceedings, you must, at the very least, attend a MIAM (Mediation Information and Assessment Meeting). This is an initial meeting with a mediator who meets with the parties separately to decide whether the case is capable, or would benefit from, mediation.
Financial orders in dissolution outline how you are going to split assets, such as:
- Investments
- Property
- Pensions
- Savings
- Maintenance payments, including child maintenance
A financial application can be made as soon as you have applied for dissolution of the partnership. It is important to note that these are two separate and distinct applications. A dissolution application relates to legally dissolving the relationship, whereas the financial application deals solely with finances. There are three key stages relating to financial matters which includes:
- The first appointment – this is a short hearing with the judge to discuss your application and timetable things such as financial disclosure, replies, questionnaires, or witness statements (if deemed necessary).
- Financial dispute resolution hearing (FDR) – this helps the parties agree a way forward without the need for a final hearing
- The final hearing – if you cannot agree with your partner during the previous stages, the judge will decide for you at this hearing. That said, it is not uncommon for parties who have reached this stage, to resolve the matter without a final hearing, particularly if the judge has indicated to the parties the terms of the order they are likely to make at full hearing.
Can I get maintenance from my civil partner?
Civil partnership maintenance is treated in the same way as spousal maintenance resulting from a divorce. There is no automatic entitlement to civil partnership maintenance on dissolution, and legislation obliges the court to consider whether it is possible to achieve a clean break. It must also look at whether one party to the relationship requires maintenance in order to meet their needs. Some people may have given up a successful career to focus on bringing up the children, running the household, or supporting their ambitious partner. When the civil partnership ends, it is important that having given up their own chances of a higher income, is recognised by the court and moving on may be difficult without some support or compensation.
The level of maintenance mainly depends on the couple’s financial needs. So if you enjoyed a high standard of living during the civil partnership with luxurious expenditure, then your needs are likely to be more generously interpret than those couples with more modest finances.
Civil partnership maintenance can be paid for a fixed term, such as until the youngest child reaches 18, or sometimes, for life. All maintenance payments automatically end on the receiving person’s remarriage or the entering of another civil partnership. However, the remarriage/civil partnership of the paying party will have no impact on their continued obligation to pay their ex-partner maintenance. Significantly, maintenance orders do not end automatically if the recipient cohabits with another person. This is because cohabitation does not create a legal commitment and is not viewed in law in the same way as a civil partnership.
Essentially, the ultimate objective of maintenance is to enable the recipient to transition to independence, whilst also bearing in mind the length of the civil partnership, standard of living, the housing needs of both parties, and any continuing shared responsibilities for any children.
How are child arrangements resolved after a civil partnership dissolution?
If you have not reached an agreement as to who will have responsibility for the children, you should initially consider whether mediation can help you resolve the issues. If partners cannot decide where a child will live, civil partners can apply for a child arrangements order in the same way married couples can during divorce.
Both civil partners must have parental responsibility for the child in question, and those who were present at the time of the child’s birth will generally do so. A birth mother automatically acquires parental responsibility, as do married fathers. Upon registering a civil partnership, the partner who is not the child’s blood relative legally becomes a step-parent to any children previously born to their partner.
If you don’t have parental responsibility for your partner’s children, it can be obtained in one of the following ways:
- By entering into a voluntary parental responsibility agreement with every person who has parental responsibility for the child
- By obtaining a court order. This could be a parental responsibility order or lived with child arrangements order (which would automatically confer parental responsibility to the person named on the order)
Ultimately, the judge will decide, based on the facts of the case, who is best suited to look after the child based on factors considered in its best interests. This includes looking at the following:
- Which party can best meet the child’s needs
- Who the child wishes to live with (this depends on the age of the child and, even then, is merely persuasive)
- The child’s age, characteristics, and background
- Where the child will be safe from harm.
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