Civil Partnership Divorce and The Civil Partnership Act

The law has changed and now allows same sex couples the right of a civil partnership, in effect a marriage. ?Civil Partners? although comparable to husband and wife, there are some differences in the legal partnerships.

The Civil Partnership Act was passed by the government on the 18th November 2004. However, it did not become effective until 5th December 2005. The Act covers all of the aspects of civil partnership, from registering as "civil partners" through civil partnership dissolution [or civil partnership divorce as it is more commonly known].

There are a number of reasons why two partners may not be legally able to become civil partners. Firstly, if they are closely related they may not become civil partners. Secondly, if one or both of the partners is under the age of sixteen then a civil partnership is not legal. Thirdly, if they are not of the same sex, then they cannot become civil partners. Finally, if one or both of the partners is already in a civil partnership or marriage then they cannot have a civil partnership.

A notice of proposed civil partnership must be given, along with a written declaration that neither partner sees a reason why the partnership can't take place, and that each partner has had a place of residence in the UK for at least seven days immediately prior to the notice. Procedures are different if one of the potential partners is housebound or detained, or does not have a residence in the UK. If no objections are made, registration will usually take place. There are a number of fees involved in the formation of a civil partnership. You may need to seek legal advice about forming a civil partnership if you are unsure about its implications.

In the unfortunate circumstance of civil partnership dissolution, the Act has a number of proceedings in place. Aside from a "presumption of death order", the court may make three other orders: a dissolution order, a nullity order, or a separation order. A dissolution order is granted when partnerships have broken down irretrievably. A nullity order effectively makes any partnerships "void". A separation order is granted when the two partners want to separate. At first a conditional order is made, and the order is usually made final after a period of six weeks, though it may be longer.

The Civil Partnership Act is a complex and extensive piece of legislation. In the event of a civil partnership divorce, it is advisable to seek legal advice from a family solicitor specialising in civil partnership dissolution who will be able to tell you exactly where you stand and the most effective and appropriate methods available for dissolving your civil partnership.

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