Dissolution is the term for divorce for couples in a civil partnership and generally follows the same processes and rules. There are a range of options available according to your financial and personal situation and as with any separation, your case will be as simple or as complicated as you make it! At Frances Lindsay & Co we handle civil partnership dissolution, mediation, arbitration, and collaborative family law, all of which are arranged with fixed legal fees so that you know exactly what you need to pay at each stage of your separation.
If you’re ready to enter into the legal process of ending your civil partnership, you’ll need to appoint a solicitor to help you negotiate the processes involved and to ensure that your settlement is as fair and mutually beneficial as possible, especially in decisions that involve children. If you’re living together as a couple but aren’t married, it’s important not to assume you’ll automatically be protected because you have a ‘common law marriage’ – this is a common misconception and you should be fully aware of your rights before you seek separation.
Your lawyer will be able to guide you through each stage of your dissolution, but here is a general outline you can expect to follow:
- You need to be able to prove that you have been married for more than a year and that your relationship has broken down;
- You must give a reason for your application for dissolution of your civil partnership – grounds for separation might include: adultery, unreasonable behaviour, having been separated for at least two years, having been separated for at least five years, or desertion (of at least two years);
- You will need to file a dissolution petition and apply to court to end your partnership. Alternatively, choosing mediation, arbitration or collaborative family law will allow you to avoid going to court by working together as a couple to resolve the terms of your separation with your solicitor/s;
- If you are getting separated through the court and have filed a petition, you’ll then need to apply for a conditional order;
- If your partner agrees to the petition (and after six weeks following the receipt of the conditional order) you will be able to apply for a final order which will complete your separation and legally end your civil partnership.
The dissolution of your civil partnership can be delayed if there are difficulties with arrangements for children, disputes over finances, or if your partner does not agree to the petition, but a straightforward separation can take between four to six months. You can help to move your case forward smoothly and quickly by providing your solicitor with as much detail as possible regarding your situation, and work amicably with your partner to find a positive resolution.
At Frances Lindsay & Co we approach each case individually and offer sensitive and practical support for separating couples, taking the weight off your shoulders and helping you through your divorce or the dissolution of your civil partnership so that your situation is as stress-free as possible.Tags: civil partnership, dissolution of civil partnership, divorce lawyer Beaconsfield, divorce lawyer Maidenhead, divorce solicitor Buckinghamshire, divorce solicitors berkshire, same sex couple divorce