Legal Advice

In every aspect of our lives, we encounter situations where legal advice is needed. Talking with a lawyer can be very scary and many of us procrastinate it as long as possible. Situations that make us vulnerable such as divorce, death, loss of a job, or even a dissolution of a civil partnership would be much more difficult without a lawyer.

Legal Advice for Civil Partnerships

Our world has changed from the centuries past. Same sex relationships are becoming more common everyday. Those who are in a same sex relationship are not allowed(as of yet) to become lawfully married, but they are allowed to enter into a civil partnership. In 2004, the Civil Partnership Act gave gay couples the right to enter into a civil relationship with the same rights as a married couple. The couple is also allowed to change their surnames. A civil partnership is much like a marriage. There are always financial ties, children, or property that has been obtained. Just like any relationship, a civil partnership could end just as badly. Section 37 of the Civil Partnership Act gives same sex couples the right to a dissolution.

Those who wish to end a civil partnership must apply for a Civil Partnership Dissolution. The partners are required to be together for 12 months before any action can be taken. In order to obtain the dissolution, you have to submit a petition that states why you are requesting the dissolution. Just like a divorce, the dissolution is seen before the judge and you must have evidence that shows the breakdown of the relationship. Section 44 of the act also requires that the petitioner show the courts proof of the need for a dissolution. This is where legal advice will come in handy. During the dissolution process, both you and your partner have legal rights. Issues such as property, or the contact of the children needs to be handled appropriately.

Many same sex partners adopt children during their relationship. If children are existing then you will also need to submit a ‘statement of arrangements’ that states what will happen to the children after the ending of the relationship. You also need to state who will be financially responsible for the child and where the child will live. The factors that contribute as to why the petitioner is requesting a dissolution is the same as a civil separation:

• The respondent has acted in an inappropriate manner (such as infidelity)
• You and your partner have been separated for longer than 1 year
• Your partner has deserted you

You must have at least 2 of the above reasons. The judge will not approve a dissolution if you both do not wish to be together anymore due to boredom in the partnership.

There have been circumstances when a civil partnership was not conducted correctly. In this case, the partnership can be annulled. In the Civil Partnership Act, Section 44 states that any partnership is void if both parties fail to register appropriately, or if one of the partners is under age. An application for an annulment has to be submitted and can be just as time consuming as a dissolution petition. Also stated in the act, is a presumption of death or a separation order. If one partner is presumed dead, then the civil partnership will be considered over. Also, both partners can request a separation order just like a civil separation between heterosexuals.