Couples separate for a number of reasons. Some couples chose to bring the partnership to an end, usually by way of dissolution proceedings but others prefer different options. Unmarried couples or separating civil partners may wish to record details of their separation in a Deed of Separation. Generally the same principles apply to same sex couples in relation to financial matters (see Unmarried Couples) and children matters ( see Children) as they do to heterosexual couples. DISSOLUTION OF CIVIL PARTNERSHIP A couple who wish to bring the civil partnership to an end will normally do so by the issue of proceedings. These proceedings take some 5 - 6 months to complete but you may be advised to delay applying for the Final Order if financial arrangements have not been concluded. When a Judge is satisfied that you have proved your case a Conditional Order will be made which can be made Final 6 weeks and a day thereafter. It is upon the Final Order being made that the civil partnership is brought to an end together with any rights either of you may have as a result of the partnership eg pension provision. The Judge will be able to determine the financial arrangements between you, if these are not agreed which will be set out in a Court Order. This then becomes legally binding upon each of you and any third person concerned. (see property and finances)
We have established a separate for same sex couples which can be found at www.hudsonwebb.co.uk
This information is given for general reference purposes and does not constitute advice. It is important that you seek specific legal advice from a suitably qualified practitioner who can investigate your circumstances and tailor their advice to your requirements. |