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Dissolution of a Civil Partnership

18 April 2011

We recently represented a lady who was in a same-sex civil partnership and we were instructed to deal with the dissolution and finances.

The dissolution was straight forward and the client’s partner issued on the basis of our client’s unreasonable behaviour. Our client was extremely offended by the allegations that her ex-partner had raised against her, which she denied was true and we were able to protect the client’s position by stating within the Acknowledgement of Service that she makes no admission to the allegations raised and that she reserves the right to defend her position should her ex-partner try to raise them in any subsequent proceedings. Our client also succeeded in reducing her ex-partner’s claim for costs of the dissolution to half by making submissions that she also had grounds for the dissolution.

In relation to the finances, we were able to successfully protect our client’s interest in the former family home, where both parties last lived together as civil partners. The property was in our client’s ex-partner’s sole name and we firstly lodged a Home Rights Notice against the property to protect our client’s interest pending resolution of the finances and whilst they were still civil partners. Thereafter we entered a restriction once the partnership had dissolved to keep the safeguards in place. This consequently meant that we were notified when the ex-partner tried to re-mortgage the property and our permission was needed for the re-mortgage application to continue. The finances were eventually resolved on an amicable basis without the need to make an application to Court.