Posted on 8th November 2018
Dissolution Proceedings are one of the legal way to end a Civil Partnership. Family Solicitors Preston explain that, like marriage, these proceedings cannot be issued if the parties have been in a Civil Partnership for less than a year. Also, like marriage, there is only one ground for a dissolution: that the partnership has broken down irretrievably. There are five facts which the Petitioner (the issuing party) can proceed on the basis of. These are the same as those used in divorce proceedings, and can be found in Family Solicitors Preston’s blog here. If you are unsure what fact you can rely on, your Family Solicitors Preston will be able to advise you.
Another thing to consider, local Family Law Solicitors explain, is whether the Court has jurisdiction to deal with your proceedings. Generally, if you were born in England or Wales and have lived here since birth, you will be both domiciled and habitually resident here. You can read more about Jurisdiction in local Family Law Solicitors’ blog, here. If you need to speak to local Family Law Solicitors about whether the Courts have jurisdiction in England and Wales, give us a call on 01524 581 306 or email firstname.lastname@example.org.
Again, like the divorce process, the Dissolution Proceedings are quite straightforward. The Process usually follows the following steps:-
The Petitioner’s local Family Law Solicitors file a Dissolution Petition with the Court.
The Court issues the Petition, and sends a copy to the Respondent (the partner) or their solicitors.
The Respondent returns the Acknowledgement of Service form to the Court, which the Court will then seal, and forward onto the Petitioner’s Family Solicitors Preston.
The Family Solicitors Preston will then prepare and send to the Court a Statement in Support of the Petition on behalf of the Petitioner.
The Court will consider the papers and, if the Judge is satisfied with the Petition, a date will be set for pronouncement of the first Decree of Divorce, also called Decree Nisi. They will send confirmation of the date to local Family Law Solicitors. Usually, there is no need for either the Petitioner, the Respondent or any Family Solicitors Preston to attend Court on this date. However, if there is a dispute over costs, if these are claimed, and you need to attend Court your local Family Law Solicitors will be able to advise you on this.
On the pronouncement date set, the Decree Nisi will be pronounced by a Judge, who would also deal with any costs disputes, if necessary.
The Court will send a copy of the Decree Nisi to your local Family Law Solicitors, who will forward a copy to you for your records.
The Petitioner’s Family Solicitors Preston then have to wait 6 weeks and 1 day after the date of Decree Nisi before they can then apply for Decree Absolute, the final Decree of Divorce.
Your Family Solicitors Preston will be able to advise you on when you can apply, as Respondent, if the Petitioner fails to do so.
Decree Absolute in then granted, once the application has been submitted, and the Civil Partnership has been legally dissolved.
If you want to end your Civil Partnership, or you want to get divorced, call our expert local Family Law Solicitors on 01772 783 314 or email email@example.com.
If you are in the process of getting Divorced, or ending your Civil Partnership, you should considering making a new Will as, any clause in your Will that includes your partner or spouse, which was made before you divorced or dissolved your Civil Partnership, will be invalid. This means that your estate may not pass to who you want it to. Call our expert team on 01772 783 314.
Or, if you have been in an Accident at Work, have suffered from a slip, trip or fall, or you have suffered medical negligence at the hands of a Doctor or Surgeon, call our expert team of Accident Injury Solicitors on 01995 602 129 to discuss our “NO-WIN, NO-FEE” Personal Injury claims.
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