As a civil partnership is, to all intents and purposes, a gay marriage, the Court will treat the civil partnership in broadly the same way as if they were dealing with a marriage in the event of a relationship breakdown. In reality this means that the Court can order payment of maintenance, lump sums, property adjustment, sale of property and pension sharing following the dissolution of a civil partnership in the same way that they do on divorce. This is not the case if a cohabiting same sex relationship breaks down and again demonstrates the benefits of civil partnership to those in a committed relationship.
Although the starting point in divorce or dissolution is to divide a couple's assets equally, there is no rule that all property must be split 50/50. The court in fact has a very wide discretion to decide on what it feels is a fair way to share any property and will look at a number of factors including, but not limited to, the welfare of any children, the income and earning capacity of the parties, the needs and obligations of the parties and the standard of living before the relationship breakdown. This is not an exclusive list and how much weight a court gives to each factor will vary from case to case, so it is very difficult to predict outcomes and we would strongly advise you to get legal advice on your own specific circumstances. Our Family Team would be more than happy to discuss your specific circumstances, just call us on 0845 567 5000 or click on "Contact me please” for further advice and information.
As civil partnerships have only been possible since 2005 it remains to be seen how far courts will distinguish finances in civil partnerships from the factors taken into account when dividing assets in traditional marriages. It will also need to be tested how much the courts will take into account a period of cohabitation before becoming civil partners. We can advise on the potential financial outcomes in your own situation and you can speak to a specialist family lawyer by calling us on 0845 567 5000 or by clicking on "Please Contact Me Now”.
As with traditional marriages the Courts encourage separating couples to agree on a financial settlement they believe is fair. Our family team can then help you to draft this into a legal document that the Court can convert into a binding court order to ensure you do not encounter any difficulties in the future if your circumstances change or if the relationship sours.
If you are separating from your civil partner, and especially if you own property or other assets or one of you has given up work to care for the children of the family, then we would strongly recommend that you obtain legal advice. If you are interested in finding out more then please feel free to call our Family Team and we will happily discuss it with you, free of charge and without obligation.
As we say, we are always there for people and families who are in our PURPLE LEGAL scheme. We invite you to join PURPLE LEGAL now. By joining PURPLE LEGAL, you can have all your legal enquiries answered free of charge by simply booking a SolicitorSlot for a time and date that suits you. Alternatively if you wish to speak to us now, please click on "Please Contact Me Now” or call us on 0845 567 5000. We look forward to always being there for you.
