Civil Partnerships Why you may need a Civil Partnership and how we can help you if your relationship breaks down

Just like a prenuptial agreement in marriage, a civil partnership agreement lays out clear terms regarding financial arrangements, property ownership, and other important matters, creating a framework that can help both parties navigate any future challenges. While relationships can be unpredictable, having a Civil Partnership agreement in place from the onset can provide a sense of security and prevent unnecessary complications in the event of a separation.

Protecting Financial Interests

One of the main reasons why a Civil Partnership agreement is beneficial is that it provides a clear outline of each partner's financial interests. In the absence of an agreement, the law will typically divide assets and property based on general principles such as fairness or the needs of any children involved, along with any property that either party may own. This division may not align with either partner's desires or expectations, and it can lead to lengthy and expensive disputes.

A Civil Partnership agreement allows both parties to specify how they want assets such as property, savings, pensions, and other financial resources to be divided in the event of a breakup. This can help avoid contentious legal battles over assets, and ensure that both parties are treated according to their pre-established wishes. For instance, if one partner brought significant assets into the relationship or if the couple owns property jointly, the agreement can outline how such assets should be dealt with should the relationship end. It provides a sense of control over what could otherwise be an unpredictable and emotionally charged process.

Reducing Conflict and Uncertainty

Relationships, by their nature, involve an element of uncertainty, and the possibility of separation is something that many people prefer not to dwell on. However, should the relationship end, the emotional toll can be compounded by financial or legal uncertainty. A Civil Partnership agreement helps mitigate these issues by setting clear terms for how property, finances, and other matters will be handled in the event of a breakup.

This clarity can reduce the emotional strain that often accompanies a breakup. With an agreement in place, both partners know exactly what to expect, which can help minimise conflict and allow for a more amicable separation. For example, a couple may have different expectations about how to divide their shared home, and having this pre-arranged can prevent emotional disputes over sentimental or financial matters.

Protection for both parties

In addition to protecting financial interests, a Civil Partnership agreement also ensures that both parties are protected if the relationship ends. If one partner were to experience a financial windfall, for example, the other may want to clarify their entitlement to a share of that wealth. Similarly, one partner may have contributed significantly to the other's professional success, and an agreement can specify what, if any, compensation or share of that success is owed.

A Civil Partnership agreement can also offer protection in the event of an unexpected life change, such as a partner losing their job or becoming ill. By outlining what would happen under such circumstances, both partners can rest assured that their basic needs will be met if life takes an unexpected turn.

How Heald Solicitors can assist

Engaging a solicitor to assist in the drafting of a Civil Partnership agreement is essential to ensure the agreement is legally sound and comprehensive, and can help you avoid lengthy disputes and even more heartache if you are unfortunate and at some point in the future your relationship breaks down. Our solicitors can guide both parties through the drafting process, helping them understand their rights and responsibilities under the law. They can also advise on the fairness of the terms of the agreement, making sure that both partners are equally protected.

Our solicitors can also help identify potential areas of concern that may not have been initially considered, such as spousal maintenance or provision for children. They can also ensure that the agreement is legally enforceable and complies with relevant laws, including the requirements of full financial disclosure.

Furthermore, our solicitors can help ensure that the agreement is reviewed and updated over time, particularly if there are significant changes in the relationship or in the personal circumstances of one or both partners. Regular reviews ensure that the agreement remains relevant and valid, protecting the interests of both parties in the long term.

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What If Your Relationship Has Just Broken Down?

You may find that the only solution is to seek a Civil Partnership dissolution which is the legal process of ending a Civil Partnership. As of 6th April 2022, the grounds for dissolving a Civil Partnership in England and Wales have been reformed with the introduction of the Divorce, Dissolution and Separation Act 2020. The key change is the removal of the requirement to prove fault or a specific reason for the dissolution. This shift moves away from the previous system, which required one partner to provide evidence of the other’s misconduct (e.g., adultery or unreasonable behaviour).

Under the new law, the grounds for dissolving a Civil Partnership are simply that the relationship has irretrievably broken down. This can be established without needing to assign blame, making the process more amicable. We can assist either partner in applying for dissolution, and in compiling an appropriate statement confirming the breakdown of the relationship.

Regarding the timeframe, once we have submitted an application, there is a mandatory minimum period of 20 weeks from the initial application to the granting of the conditional dissolution order. After this period, there is an additional 6-week waiting period before the final dissolution order is made. In total, the dissolution process will take at least 26 weeks, although delays can occur depending on individual circumstances. This approach aims to reduce conflict and stress for the parties involved.

Our Family Law team are easy to reach out to, and we are there for you when you most need us such as when you need legal advice regarding your Civil Partnership. We will represent you and fight to ensure that you receive what is rightfully yours, so that you can rebuild your life and make a fresh start.

Call our Family Law team to find out more on 01908 662277