Dissolution of Civil Partnership and Financial Settlement
As with marriages, the parties to a civil partnership can set out their arrangements for their assets and liabilities should the relationship break down, and indeed anything else they believe relevant, by entering into a pre-partnership and/or post-partnership agreement. It must be noted that, as with pre-nuptial agreements, pre-partnership agreements are not binding on the Court however the Court has indicated that the pre-nuptial/partnership agreements which the parties willingly enter into with full understanding of the consequences of doing so, should be brought into effect unless it would be unfair to hold the parties to the agreement.
If there is no pre or post-registration agreement which will form the basis of negotiations should the civil partnership break down, the options for deciding on who receives what are the same as on breakdown of a marriage, ie :-
Discussions directly between the parties
Discussions with the assistance of mediation
Negotiations between solicitors
Application to the Family Court for a financial order
The range of financial orders available on dissolution are the same as on divorce and could include the following :-
Lump sum order – payment of a set amount of money from one party to the other
Property adjustment order – transfer of property into the sole name of one of the parties or a sale
Maintenance for one of the parties and/or any children
Please refer to the pages relating to financial settlement on divorce for further information as to the procedures, orders available, and the factors that need to be taken into account when considering division of assets.