What if it all goes wrong? Mills & Reeve talk Dissolution

Just as the intention of the Civil Partnership Act was to create a parallel institution to that of marriage, the procedure and consequences of dissolution (the technical term for ending civil partnership) mirror divorce almost exactly.

Procedure

To start the process of dissolving civil partnership, one of the couple needs to file a Petition at a designated County Court.  There are four “grounds” for dissolving a civil partnership, one of which must be stated in the Petition.  They are (1) the other party’s unreasonable behaviour, (2) desertion of one party by the other for a period in excess of two years, (3) that the parties have lived apart for two years and both consent to the dissolution, and (4) that the couple have lived apart for five years (no consent required).

Provided you both complete the necessary paperwork, and neither you nor your partner defend the case, there will be no need to attend court for this part of the process, and the court will issue a conditional dissolution certificate.  Six weeks later the Petitioner can ask the court to make the final dissolution certificate, which ends the civil partnership.  You will no longer be each other’s legal next of kin and, should your former partner die, you will no longer have status of widow(er) and will be ineligible for certain death benefits.

Finances

On dissolution there are a number of financial measures which can be put in place.  These include maintenance (regular payments) paid by one partner to the other, transfer of property from joint names to one party or from one party to the other, payment of cash lump sums, and sharing of pension funds.

What is appropriate as a financial settlement will depend on a number of factors including the length of the relationship, ages of the couple, the needs of both parties and any children you have, financial contributions by either party, and whether there is a pre-civil partnership or post civil partnership agreement in place.  (Please see the previous article on considering a civil partnership for information on pre-civil partnership agreements).

Apart from some terminology (civil partnership rather than marriage; dissolution rather than divorce) and the fact that adultery per se is not a ground for dissolution (although infidelity could easily be pleaded as unreasonable behaviour), the effect of entering into, and the procedure for and effect of dissolving the civil partnership are identical to marriage.

There will, however, be issues of concern to same-sex couples. The lack of reported dissolution cases means family lawyers have little guidance beyond the Civil Partnership Act itself.  For example, will a long period of cohabitation prior to the civil partnership be taken into account in a financial settlement? How will courts deal with maintenance claims in the absence of children, where there is a disparity in the income of the partners?  Will the principle of equality between divorcing spouses, which has developed in recent years, be extended to civil partners?  In negotiating cases, lawyers tend to use principles developed in divorce law, as to treat civil partners differently would arguably be discriminatory.

Separating cohabitants

You need to know that, if you are living with a partner but are not in a civil partnership with them, then you do not have the financial protection of the courts in the same way.  Similarly, you will not be able to ask the court for maintenance, or a cash lump sum or a share in the pension.  Any claims will be restricted to the principles of property law, where you would need to prove to the extent of your interest in the home you share.

Ways of resolving disputes

There are a number of options to resolve disputes on separation.  These include the traditional litigation or lawyer-to-lawyer negotiation.  Less litigious methods include collaborative law (involving a series of meetings between clients and collaboratively trained layers who sit round a table and together try to resolve matters), and mediation.  An agreement reached either informally, through collaborative law, mediation or the traditional route, will need to be approved by the court.  If it is not possible to reach an agreement then the dispute can be litigated to a final hearing (trial) when a court will impose a decision on the couple with regards to how their financial resources should be split on dissolution.

By Meredith Thompson, Senior Solicitor, Mills & Reeve LLP

To contact Meredith Thompson, please telephone: 0121 456 8382, or email: meredith.thompson@mills-reeve.com. www.mills-reeve.com, www.divorce.co.uk

The Family team at Mills & Reeve can advise in all aspects of family law, including:
•    Divorce or civil partnership dissolution
•    Unmarried couples
•    Collaborative law and mediation
•    Domestic abuse
•    Financial settlements on divorce – options and ways to protect assets
•    International divorce or children related issues
•    Pensions on divorce
•    Separation agreements
•    Wealth and asset protection – cohabitation contracts, pre-nuptial or post-nuptial agreements

The team provides a friendly, responsive and jargon-free service offering pragmatic advice and excellent value for money.

As one of the largest family teams internationally, Mills & Reeve draws on its years of experience and the expert advice offered throughout the firm. Wherever you are located, the family team can help you.

Mills & Reeve also brings you www.divorce.co.uk, the largest and most comprehensive website of its kind in the UK.

About Mills & Reeve LLP

Mills & Reeve is a top 50 national law firm with 91 partners and a total staff of 800, operating from offices in Birmingham, Cambridge, Leeds, London, Manchester and Norwich.

Mills & Reeve is a full service firm with practice specialisms including corporate and commercial, banking and finance, technology, insurance, real estate, healthcare, local authorities, education and private client.

Clients include commercial organisations – from PLCs to start-ups – high net worth individuals and landowners, more than 70 universities and colleges, over 100 healthcare trusts and NHS bodies, and more than 65 local government institutions.

Award winning

The firm has been voted “regional firm of the year” in the British Legal Awards 2007 and came second in The Lawyer Award’s “regional/national law firm of the year 2007”.

The firm is listed in The Sunday Times 100 Best Companies to Work For 2010 and has been since 2004.

For further information please visit the website at www.mills-reeve.com

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