Many people have taken advantage of the Civil Partnership Act 2004. This act was introduced to allow same sex couples to enter into a civil partnership which is similar to marriage and along with this acquire very similar rights to those of heterosexual married couples.
Civil partnership – what happens if something goes wrong?
Same sex couples can now marry since the advent of the Marriage and Civil Partnership (Scotland) Act 2014. Just like any other marriage a civil partnership can break down and in this event like any other divorce it is possible for the civil partnership to be dissolved. The procedures are much the same as a divorce. Financial disputes are resolved in the same way as those in a divorce between heterosexual married couples. This means that civil partners can claim aliment and periodical allowance in the same way as any other divorcing couples. Each of the partners can also make claims for pensions, capital sums and sharing orders. It is worth noting that all financial disputes have to be settled before the dissolution takes place.
There are a couple of procedures that can be used to apply for divorce and dissolution of civil partnership.
These are often known as the ‘simplified’ or ‘do-it-yourself’ procedure and the ‘ordinary’ or ‘non simplified’ procedure. The simplified/do it yourself procedure might, at first, seem simple and can only be done as long as the marriage/civil partnership has had a one year separation with consent or two years separation without consent, or because of the issue of an interim gender recognition certificate; there are no children under the age of 16, there is no sign that anyone involved can’t his or her affairs because of mental illness, personality disorder or learning disability; There are no other court proceedings pending; If you have said no to any of the points raised above, then we would recommend seeking legal advice from ourselves as the ‘ordinary’/’non simplified’ procedure will need to be used.
Civil Partnership – ordinary/non simplified procedure
Quite simply this procedure will need an initial meeting to go over the complex nature involved for any civil partnership. Call today to arrange an appointment with one of our experienced lawyers. To find your local legal office, type the town / city into the search bar and your local legal office details will be displayed.
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