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Unmarried Couples

Civil Partnerships

The current legislation in the UK enables same-sex couples to “register” a civil partnership and effectively become married in the eyes of the law. A civil partnership gives lesbian and gay couples the same legal rights as their married counterparts.

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The current legislation in the UK enables same-sex couples to “register” a civil partnership and effectively become married in the eyes of the law. A civil partnership gives lesbian and gay couples the same legal rights as their married counterparts.

Once registered, civil partners have the same rights as married couples in matters pertaining to property, tax, finances, inheritance, and dissolution (equivalent to divorce). That means, in the event of a dissolution, each partner can claim a share of the assets and income of the other.

And much like normal marriages, civil partnerships break down, and dissolution becomes inevitable. Should this happen, you’ll need an experienced civil partnership dissolution solicitor to guide you through the necessary steps to dissolving your partnership.

At Austin Kemp, we can help you navigate the complex world of civil partnership dissolution. Our civil partnership dissolution attorneys are highly experienced and will walk with you every step of the way until your dissolution is finalised.

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What Is a Civil Partnership?

A civil partnership is a legal relationship entered and registered between two people of the same sex or opposite sex.

Traditionally, only couples of the same sex were able to enter into civil partnerships until the law was amended in 2019 to allow people of the opposite sex to register civil partnerships. Conversely, people of the same sex weren’t able to marry until 2013.

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Differences Between Marriage and Civil Partnerships

The new law that allowed couples of opposite sexes to register civil partnerships came into force on 31st December 2019. Following this momentous change, couples in England and Wales can choose to either register a marriage or a civil partnership.

But how does a marriage differ from a civil partnership?

A civil partnership is formed by signing a single document, so there’s no need for a ceremony to take place or exchange vows. It allows people to legitimize their relationship their own way—without going down the often hectic and expensive marriage route.

From a legal standpoint, civil partnerships share very similar characteristics with traditional marriage. In fact, civil partners have the same rights as married couples in many areas of the law, including:

  • Tenancy rights
  • Inheritance tax
  • Parental responsibility
  • Next of kins rights
  • Insurance recognition

However, there are some small differences between the two, especially in the financial arrangements after one partner dies. If one partner dies, the surviving partner receives less pension share than they would had they been married.

Ending a Civil Partnership

The ending of a civil partnership is through a process known as dissolution.

After you’ve been in a civil partnership for at least one year, you can apply for a dissolution if your relationship has broken down. Before April 2022, the only way to apply for dissolution was to get either a Separation Order or a Dissolution Order.

To apply for a civil partnership dissolution, you’ll need to provide proof that your relationship has “irretrievably broken down” and that you’ve been together for at least one year. Common grounds for the dissolution of civil partnerships include:

Desertion
If one partner has left without a mutual agreement for a period of more than two years, the other partner can apply for dissolution due to desertion. In this case, you can apply for civil partnership dissolution without the other party’s consent.

Unreasonable Behaviour
This is the most common reason cited for the dissolution of civil partnerships.
Unreasonable behaviour, such as adultery, and physical or emotional abuse, can form the basis for the dissolution of civil partnerships.

Note that if you continued to live with your partner for more than six months after the day of the last incident, the court may conclude that you didn’t find the behaviour unreasonable and reject your application for dissolution.

Separation with Consent
If you and your partner have been separated from each other for more than two years and you both agreed to it, you can apply to the court for a Separation or Dissolution Order. The dissolution process can be started upon receiving consent from the other partner.

Separation Without Consent
If you have been separated for more than five years and your partner won’t agree to end your civil partnership, you can apply to the court to dissolve the partnership without consent. In this case, one party can start the dissolution process without the other party’s consent.

How Can Austin Kemp’s Divorce Solicitors Help with a Civil Partnership Dissolution

Our team at Austin Kemp can help you with all the evidence and documentation required to successfully apply for a civil partnership dissolution. We understand that separation can be upsetting and stressful, and we’ll guide and support you through each stage of the process.

Constant communication is key to helping you stay calm and in control, and we’ll provide you with regular updates to keep you informed throughout the process. Our goal is to bring you to terms with the legal side of things, so you can get your life back and on track as soon as possible.

Our team of divorce solicitors is adept in collaborative law and can help you get a positive outcome through discussion and negotiation. We have a track record of success in civil partnership dissolution cases, and we can connect you to some of the top mediators in the field if need be to help you avoid lengthy and costly court proceedings.

In addition to helping you apply for a civil partnership dissolution, we can also help you with:

Financial Arrangements
We can help you obtain a fair and reasonable settlement following a civil partnership dissolution and draft all the relevant paperwork to provide clarity on the division of assets.

Childcare Arrangements
At Austin Kemp, we encourage using collaborative law, where both parties agree to work together respectfully and in good faith to reach an amicable agreement. Where an agreement cannot be reached, we’ll act in the best interest of your children and present bespoke issues to the court to ensure you and your children are taken care of.

For further advise on civil partnership, divorce, and separation, contact our divorce solicitors at 0845 862 5001 or email mail@austinkemp.co.uk. Alternatively, visit our divorce & separations page for more information on civil partnerships and dissolution.

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First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

Talk to us now on 0333 311 0925

Request a Callback Live Chat

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