The Breakdown of Civil Partnerships

Civil Partnerships

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Civil Partnerships

A civil partnership allows same-sex couples to have their relationship legally recognised. But what exactly is a civil partnership, and how do you enter into one?

What Is A Civil Partnership?

Introduced in 2004, the Civil Partnership Act made it possible for homosexual couples to enter into a formal legal bond. Those in a civil partnership enjoy many of the same privileges as those in a ‘standard’ heterosexual marriage, and are treated in equal terms in the eyes of the law with regard to:-

Tax;
Employment benefits;
Income-related benefits, tax credits and child support;
Applications for parental responsibility;
Protection from domestic violence;
Recognition in intestacy rules.

However, the main difference between same-sex and heterosexual marriage is that a civil partnership becomes official only when the second partner signs the documents, rather than on the articulation of vows. Additionally, a civil partnership ceremony may not contain any elements of religion.

How Do You Get A Civil Partnership?

To be able to enter into a civil partnership you must be 16 years old or over (although those under 18 need written approval from a parent or legal guardian) and not already married or in a civil partnership.

To register a civil partnership, both partners must give a notice of their intention in person to a registration office in their local area (where they must have lived for seven days or more) even if the ceremony is to be held elsewhere. Included in the notice will be: a written declaration from each partner stating there is no reason that prohibits the partnership, that they have lived in the area for seven days or more, as well as any documents needed to support these statements.

A period of fifteen days follows, in which any objections to the partnership can be made. If no opposition to the union arises, then the couple will be granted permission to register their partnership. This comes in the form of a document called a ‘civil partnership schedule’.

A couple must then sign the civil partnership schedule in front of two witnesses and a civil partnership registrar. The process is then complete, and the couple enter into a legal binding civil partnership.

Summary

If you would like more information on civil partnerships, you should seek expert legal assistance. From the process involved, advice on being granted permission or questions surrounding dissolution or annulment, a family lawyer will be able to help.

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If you are facing the breakdown of a civil partnership, you need to consider is how you wish to end your civil partnership. This article looks at the various approaches, allowing you explore the different options available to you.

How Can a Civil Partnership Be Ended?

There are 4 ways in which a civil partnership can come to an end:-

1. Death

A civil partnership will automatically come to an end if one of the civil partners dies.

However, should you wish to end you wish to end your civil partnership before one of you dies, you must ask the court to grant one of the following:-

2. Dissolution Order

If your civil partnership has lasted for one year or more, you will be able to apply to the court for a dissolution order. You must, however, prove that your civil partnership has irretrievably broken down. This can be done through one of the following four facts:-

Your partner has behaved unreasonably – eg. through physical or verbal abuse, being sexually unfaithful or financial irresponsibility;
You and your partner have lived apart for two years, and you both agreed to the dissolution;
You and your partner have lived apart for at five years or more, but only one of you agrees to the dissolution;
Your partner deserted you at least two years ago – ie. he/she left home against your wishes, and with no valid reason.

Evidence will be needed to substantiate the grounds of dissolution. For example, if you have been living apart the court will require the date of your separation, or if there is a case of unreasonable behaviour you will need to provide details to verify your claims.

Furthermore, if there are any children caught up in the breakdown of your civil partnership, a court will only grant a dissolution order if appropriate provisions are made for their well-being.

3. Separation Order

If your civil partnership has been in existence for less than one year, or you simply do not want to apply for dissolution, you may want to consider a separation order. The advantage of this is that there are fewer restrictions: you do have to be together for a certain amount of time, and you do not have to be living separately. However, a separation does not permit a complete severing of tie. Indeed, neither you nor your partner will be able enter into another civil partnership – you must go on to obtain a dissolution order first.

As with a dissolution order, you must prove that one of the four facts has occurred (listed above), therefore confirming your civil partnership has irretrievably broken down. Again, if there are any children involved, a court will require their welfare is taken care of before a separation order is granted.

4. Annulment

There are certain conditions that must be met if a civil partnership is to be considered legal. These include: both partners being over 16 years old at the time of registration, not already being a civil partner and not already being married to someone else.

If a civil partnership breaches one of these conditions, it will be possible to get an annulment. When the court grants an annulment, it will say the civil partnership is either:-

Void – the civil partnership was illegal from the beginning, and never actually existed in the eyes of the law;
Voidable – the civil partnership was legal at the time of registration, but is now found to be illegal.

Seek Legal Assistance

If you are unsure which option is best for you, or if your partner refuses to co-operate, ask a legal expert for help. A solicitor specialising in family law will be able to advise you on any query you may have, from the grounds of dissolution or how to continue with a contested separation.