Civil PartnershipsThe Family Team at Machins have considerable legal experience in all matters relating to civil partnerships, and civil partnerships agreements.
The Civil Partnership Act 2004 gives same-sex couples the same rights and responsibilities as married couples during their relationship and upon subsequent separation.
If the relationship of civil partners comes to an end, the couple need to dissolve their civil partnership by issuing a Petition for Dissolution and seeking a Decree of Dissolution. The civil partnership needs to have lasted for a year before either can apply for a dissolution. The dissolution is based on the “irretrievable breakdown” of the civil partnership and proven on either a) the unreasonable behaviour of one of the civil partners; b) desertion; c) separation of 2 years with consent or d) separation of 5 years without consent.
Following the breakdown of the civil partnership, the parties financial assets will need to be divided. At Machins, we are able to advise you of the process and assist you to reach an agreement. If an agreement is reached a Consent Order can be drafted. If you are unable to reach an agreement we can assist in commencing financially proceedings to enable the Court to make decisions as to how the assets and liabilities should be divided.
If financial matters are not resolved upon dissolution, the financial claims between the partners will remain open until they are dismissed, meaning that either partner runs the risk of a potential claim from the other even if many years after the dissolution of their civil partnership.