Civil Partnership Dissolution Financial Settlement

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Civil partnership dissolution marks the end of a significant legal union between two individuals who have chosen to share their lives together. Just as in marriage, the dissolution of a civil partnership involves a range of complex issues to be addressed, including the division of assets and finances.

The financial settlement that accompanies the dissolution process is a crucial aspect, often requiring careful negotiation and consideration to ensure fairness and equitable outcomes for both parties involved.

Our panel of family law solicitors are well aware of the emotional toll going through the civil partnership dissolution financial settlement process can take. Our experts work hard to take away some of the stress by providing expert legal advice and guidance. Please get in touch today to find out more about our services.

What are the grounds for a civil partnership dissolution?

In order to initiate a dissolution separation agreement, the civil partnership must have lasted for more than one year. This applies to both opposite sex and same sex couples.

The only ground for dissolving a civil partnership is the conclusive breakdown of the relationship. Previously, demonstrating irretrievable breakdown required establishing one of five specific grounds, but the introduction of the Divorce, Dissolution, and Separation Act removed this requirement.

What is a civil partnership dissolution financial settlement?

A civil partnership dissolution financial settlement refers to the process of dividing assets, debts, and financial resources between two individuals who are dissolving their civil partnership. When a civil partnership ends, whether due to irreconcilable differences or other reasons, it entails a legal process similar to divorce, which includes the division of property, savings, investments, pensions, and any other jointly held assets.

This settlement aims to achieve fairness and equity in the distribution of assets accumulated during the partnership, considering factors such as the contributions made by each partner, both financial and non-financial, throughout the duration of the partnership. Non-financial contributions, such as homemaking or childcare responsibilities, are often taken into account alongside monetary contributions.

What is the civil partnership dissolution financial settlement process?

The civil partnership dissolution financial settlement process involves several steps aimed at dividing assets, debts, and financial resources between the partners who are ending their civil partnership. While specific procedures may vary, the general process typically includes the following:

  1. Initial Assessment and Disclosure: Both partners typically engage legal representation to advise them on their rights and obligations. Each partner is required to provide full financial disclosure, including details of income, assets, debts, pensions, and other relevant financial information. If both parties agree, the court will issue a Conditional Order accepting the petition for ending the civil partnership.
  2. Negotiation or Mediation: Partners are encouraged to attempt to reach a mutually acceptable financial settlement through negotiation or mediation. This involves discussions facilitated by legal advisors or mediators to explore various options for dividing assets and finances, considering factors such as contributions made during the partnership and the financial needs of each partner.
  3. Financial Order Application: If partners are unable to reach an agreement through negotiation or mediation, one or both partners may apply to the court for a financial order. This involves submitting a financial statement and other relevant documents to the court.
  4. Financial Dispute Resolution (FDR): In many cases, before a final hearing, the court may schedule a Financial Dispute Resolution (FDR) hearing. During the FDR, a judge provides an assessment of the case and may offer recommendations to encourage settlement. Although not binding, the judge’s input often prompts parties to reach a settlement agreement.
  5. Final Hearing: If an agreement is still not reached, the case proceeds to a final hearing, where both parties present their arguments and evidence before a judge. The judge considers various factors, including the length of the partnership, the financial contributions of each partner, the financial needs of each party, and their standard of living. The judge then issues a court order outlining the terms of the settlement.
  6. Implementation of Settlement: Once a financial arrangement is reached, it is formalised into a legally binding agreement. This may involve the transfer of assets, lump sums or ongoing maintenance payments, and any other arrangements specified in the settlement.
  7. Completion of Dissolution: Once all financial matters are resolved and the terms of the settlement are implemented, the civil partnership can be officially dissolved. The court issues a final order, marking the end of the legal relationship between the partners.

Throughout the process, it is essential for individuals to seek advice from family lawyers or legal advisors experienced in family law to ensure their rights are protected and to navigate the complexities of the dissolution financial settlement process effectively.

How can family law solicitors assist with civil partnership dissolution financial settlements?

Family law solicitors offer expert advice on the legal aspects of civil partnership dissolution and financial remedies. They explain the rights and obligations of each party under the relevant laws and help clients understand their options for achieving a fair settlement.

Solicitors assist clients in gathering and disclosing financial information required for the settlement process. They ensure that all relevant assets, debts, incomes, and expenses are properly documented and disclosed to the other party and the court as necessary.

They can also act as advocates for their clients during negotiations or mediation sessions with the other party or their legal representatives. They work to reach a mutually acceptable agreement on financial matters, taking into account the interests and priorities of their clients.

If a settlement cannot be reached through negotiation or mediation, solicitors represent their clients in court proceedings related to the financial settlement. They present evidence, make legal arguments, and advocate for their clients’ interests before the judge.

How can Expert Family Law help?

If you are planning to end your civil partnership and require advice on financial implications, contact us today. Expert Family Law will put you in touch with a family law solicitor on our panel.

Please note that we are not a firm of solicitors. We have a panel of family law firms who we may pass your case on for a fee. Expert Family Law will not charge you, the client, for our service of passing on your case.

We ensure our panel firms have the skills and experience required to assist with your legal case. We can assure you that your case will be dealt with in a compassionate and understanding manner.

The solicitors on our panel can assist you through the process of divorce or dissolution, including the application.

Each solicitor we work with is authorised and regulated by the Solicitors Regulation Authority (SRA).

Get in touch today using the form at the top of the page to find out if a family law solicitor from our panel could help with your case.

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