Civil Partnership – The Law
“Gay Divorce” Dissolution Of Civil Partnerships
Unfortunately, some Civil Partnerships will fall apart. The Partnership will have to be formally dissolved through the Courts; this is legally referred to as “civil partnership dissolution” and not “divorce”. Civil Partnership dissolution cannot be undertaken within the first year of that Civil Partnership. A question we are frequently asked is, is a civil partnership dissolution the same as a divorce?
The only ground for the dissolution of a civil partnership is the irretrievable breakdown of the relationship. This must be proven by citing one of the following facts:
- Unreasonable behaviour
- 2 years separation and consent to a divorce
- 2 years desertion
- 5 years separation
The only difference to a heterosexual divorce is that the ground of Adultery cannot be relied upon for a “gay divorce”. Adultery is a specific legal term relating to heterosexual sex and which cannot be used as grounds for a civil partnership dissolution. If one of the partners is unfaithful the grounds for dissolution may therefore be unreasonable behaviour.
Separating civil partners have the same financial legal remedies as divorcing couples. If you’re in a civil partnership you have rights to claim maintenance, lump sum payments, property transfer and pension sharing/attachment orders.
Bradin Trubshaw & Kirwan Solicitors are one of very few local firms that offer a full range of legal services tailored to the very specific needs of gay and lesbian clients. Read more about our Civil Partnership Dissolution services.