Sadly, relationships end and couples decide to go their separate ways. Couples who are married apply for a divorce, and civil partners apply for a dissolution. In terms of the law, they are the same, and the process works the same too.
The Courts will expect you both to try and resolve any disputes before going to Court. This often requires our help with reaching an agreement about the distribution of assets and the future care of children.
It is compulsory for you to attempt mediation. This means you must attend a Mediation Information and Assessment Meeting (MIAM). In most cases, mediation is cheaper than going to Court, and some couples will be entitled to legal aid to cover any costs.
If a resolution cannot be achieved, or the application is opposed, it is essential to seek legal advice.
To apply for a dissolution, you must have been in a civil partnership for at least a year. The partner wanting to dissolve the civil partnership is called the applicant. The grounds for a dissolution is that the relationship has irretrievably broken down.
Assuming the Judge accepts your court application, a Conditional Order will initially be granted. Then six weeks after that, the Judge will grant you the Final Order. The Final Order ends a civil partnership. However, on the granting of the dissolution, each partner’s status in relation to any children remains the same.
We can also help you obtain the following Court Orders:
- Child arrangement order – setting out who the child lives with
- Contact order – setting out the parent with whom a child should live, visiting issues
- Prohibited steps order – stops another party from taking a specified action in relation to a child
- Specific issue order – resolves specific issues, such as a child’s religious upbringing
On the granting of the dissolution, the division of income and capital (& the value of pensions) will be resolved by the same criteria used for married couples.
The Court tries to help you achieve a ‘clean’ break; we guide you with the steps of getting there.
Our firm has helped thousands of people throughout Margate, Ramsgate, Broadstairs, Birchington, Deal, Dover, Sandwich and Canterbury, and all other areas in Kent, Thanet and the South East of England with their legal needs.
Get in touch today so we can help ease your problems.