What if the Relationship Breaks Down?
With the Civil Partnership Act 2004 coming into force on 5th December 2005, people in same sex relationships are able to form a civil partnership, giving their relationship legal recognition.
A civil partnership has serious legal consequences and should not be entered into without a proper understanding of the legal implications.
How do I protect my assets in the event that it doesn’t work out?
Registering as civil partners is a serious commitment, because a civil partnership only ends on dissolution or annulment, or on the death of one of the parties.
The process for dissolution is court-based. The person applying for the partnership to be dissolved will have to show that the civil partnership has broken down irretrievably.
In order to prove irretrievable breakdown it will be necessary to provide evidence of one or more of the following facts to support the application for dissolution:
* Unreasonable behaviour, that is behaviour such that the applicant cannot reasonably be expected to live with their civil partner
* Separation for two years, where the other civil partner consents to a dissolution order being made
* Separation for five years prior to the application
* That the other civil partner has deserted the applicant for a period of two years prior to the application
The court will consider the facts alleged by the applicant. If the court is satisfied on the evidence that the civil partnership has broken down irretrievably, a dissolution order can be granted.