subject: Civil Partnership Dissolution And Divorce How Similar Are They? [print this page] Civil partnerships must be legally separated just as with marriages through divorce. However it is not know as a divorce, it is a civil partnership dissolution.
The one main difference between a divorce of an opposite sex couple and a dissolution between same sex "civil partners" is that adultery cannot be used as the grounds for the dissolution of civil partnership. This is because adultery, as a purely legal term, relates to extramarital relations outside an opposite-sex marriage. That's why you will almost always hear a civil partnership dissolution being referred to as just that, not a civil partnership divorce, particularly by legal professionals.
In the unfortunate event of the partnership ending, civil partnership dissolution may be the only option available. Dissolution is an available option after the twelve month anniversary of the two persons becoming "civil partners", and when the relationship has broken down irretrievably. In the absence of adultery as a ground for dissolution, the available grounds for civil partnership dissolution are;
If one partner has behaved in a way that is seen as unreasonable
If one partner has deserted the other for two years
If the parties separated at least two years ago and the other partner agrees to the dissolution, or
If the two partners have been separated for five years or more, regardless of the consent of the of the partner
Dissolving a civil partnership can be a long and complex process, and just like a divorce, there are a number of legal ramifications for both partners. In terms of entitlement to welfare benefits, civil partners who are dissolving their partnership are usually treated in the same way as an opposite sex married couple wanting to divorce. If one or both of the partners owns the house that was previously inhabited under the partnership, the Court may decide how the house or any equity is split. It is vital that the inevitable dissolution causes the least amount of emotional damage and disruption to any children that are involved in it, and the Court will want to see what provisions are being made for the children in terms of childcare and other factors.
There are other options open to civil partners who want to end their partnership, including annulment or an order on judicial separation -but each are dependent on the circumstances surrounding the partnership ending. It is important to seek specialist legal advice from divorce solicitors who regularly deal with civil partnership dissolution during this time, so you know where you stand and all of the options that are available to you.
