A civil partnership is when a couple has a legal recognition of their relationship. The couple will have the same rights and potential claims as a married couple.
In this guide, we will explain the legal grounds to ending a civil partnership, the different process civil partners will need to take, things to consider and how Jones Whyte’s lawyers can help with civil partnerships in Scotland.
Table of Contents
- Understanding the Legal Grounds for Ending a Civil Partnership
- The Step-by-Step Process to Dissolve a Civil
- Partnership
- Asset Considerations
- Child Custody When Dissolving Your Civil Partnership
- Seeking Legal Support and Guidance
- Jones Whyte Are Here To Help
- Key Takeaways
- Frequently Asked Questions
Understanding the Legal Grounds for Ending a Civil Partnership
If you are planning to end your civil partnership in Scotland, you will need to apply for a civil partnership dissolution. To dissolve the partnership, you must demonstrate one of the following grounds:
- You and your partner have been separated for over a year, and your partner has consented to the dissolution.
- You have separated from your partner for over two years. In this case you will be able to dissolve the partnership without their consent.
- Unreasonable behaviour has been demonstrated. Evidence will be required to support this claim. These issues could include alcohol, gambling, or abuse.
For more information on the legal grounds for ending a civil partnership get in contact with a solicitor at Jones Whyte today.
The Step-by-Step Process to Dissolve a Civil Partnership
Once you have established the grounds for dissolution, you will need to decide on an appropriate way to dissolve the civil partnership, either through a simplified procedure or the ordinary procedure.
- Simplified procedure – This option allows you to dissolve the partnership by yourself if no financial matters are involved, and you both have no children under the age of 16.
- Ordinary procedure – This applies to all other cases and involves a more formal process that will need to go to court.
It is advisable to seek legal advice from one of our lawyers to ensure you’re taking the best course of action for dissolving your civil partnership.
Asset Considerations
A civil partnership dissolution can be particularly tricky when assets are involved, as shared and individual assets will need to be divided between you. These assets will include your property, savings, investments and pensions. When ending a civil partnership, you must carefully consider all assets.
If you and your partner are unable to reach an amicable agreement, one party can raise a court action.
If this applies to you and you are unable to reach an agreement with your former civil partner, or if you have any questions about the division of assets, please contact a civil partnership lawyer today—they will be happy to assist you.
Child Custody When Dissolving Your Civil Partnership
If you and your partner have children, this can make the process of dissolving your civil partnership more complicated, as you will need to come to an arrangement of where you would like your child to live, and the time they will get to spend with each parent. Child maintenance will also need to be arranged to address any financial arrangements. If you cannot come to an amicable agreement on these matters, you may need to go to court. However, the court will not deal with the issue of child maintenance. This can only be considered by the Child Maintenance Service.
Additionally, you should consider the emotional impact the separation may have on the children, ensuring that their interests come first before proceeding with any major decisions.
For further advice regarding child custody, please get in touch with our team.
Seeking Legal Support and Guidance
Navigating the legal complexities of dissolving a relationship can be exhausting. It is advisable to seek legal support to guide you through the process and ensure you have a thorough understanding of your rights.
A civil partnership lawyer can help you with:
- Completing the necessary paperwork
- Representing you in court (if needed)
- Guiding you through every step of the process, whether that be division of assets, child maintenance payments, spousal aliments, plus more.
Jones Whyte Is Here To Help
Dissolving a relationship can be a complex procedure and it’s important to fully understand the process. Our civil partnership lawyers will be able to support you and help you reach your desired outcome.
Seeking advice early is always beneficial. If your civil partnership is coming to an end, get in touch with our family law team today. We offer a fixed fee initial consultation to provide you with expert advice and assistance.
Key Takeaways
- A civil partnership is when a couple have a legal recognition of their relationship.
- If you are planning to end your civil partnership you will need to apply for a civil partnership dissolution. To dissolve the partnership, you will need to demonstrate some grounds.
- Once you have established the grounds for dissolution, you will need to decide on an appropriate way to dissolve the civil partnership, through a simplified or ordinary procedure.
- If you and your partner have children, this can make the process of dissolving your civil partnership more complex. You will need to come to an arrangement of where you would like your child to live, the time they will get to spend with each parent and arrange child maintenance.
- It is advisable to seek legal support to guide you through the process and ensure you have a thorough understanding.
- Jones Whyte civil partnership lawyers will be able to support you and help you reach your desired outcome.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
