Civil Partnership Lawyer Edinburgh
Family Law Edinburgh provide clear and straightforward advice on all aspects of same sex marriages and civil partnerships. Find out how we can help you by contacting us today. You can call us on 0131 341 4990 or complete our online enquiry form.
Civil Partnerships allow for the creation of a legal relationship, similar to marriage, between couples of the same sex.
The Marriage and Civil Partnership (Scotland) Act 2014 extended these rights and made it possible for same sex couples to marry. This means that same sex couples can now enter into marriage just as opposite sex couples can. Since the first gay marriage ceremonies were held on 31st December 2014, many civil partners have decided to convert their civil partnership into a marriage. Indeed, marriage is now a much more popular option that a civil partnership.
Sadly, some civil partnerships and marriages break down and the couple decide to separate. Family Law Edinburgh are a team of specialist family lawyers who provide clear advice. We are friendly, trusted and local lawyers who can support you through the process.
Civil Partnership Separation Agreement
If you separate from your partner there are usually a great number of uncertainties and questions.
In both divorce and dissolution proceedings, a separation agreement, called a Minute of Agreement, is often the first step.
This is a legally enforceable document that expresses the terms of your separation. A separation agreement will usually cover the division of property, financial support and debts. As long as you and your partner can agree about things, then this can be a way of clarifying the specifics of the separation and beginning to move on.
When properly drafted and signed, this agreement can be enforced by the courts. For this reason, you might want to consult with an experienced family solicitor before you make any agreements about your finances and property.
Grounds for Dissolution
There are two grounds for the dissolution of a civil partnership.
Irretrievable breakdown, proved by:
- Unreasonable behaviour such as abuse or financial irresponsibility
- Living apart for at least one year and agree to dissolution
- Living apart for at least two years but only one of you agrees to the dissolution
The issuing of an interim gender recognition certificate.
Civil Partnership Dissolution
The process of formally ending a civil partnership is called dissolution. The civil partnership dissolution procedure that you follow will depend upon your circumstances. The options are:
- DIY Dissolution
- Ordinary Dissolution
This is a simplified procedure that is only available to a separating couple who do not have any children under the age of 16. You must also be able to agree about the financial matters.
If you do not meet the above criteria then you could follow the ordinary procedure.
Whether the case proceeds as a defended or undefended divorce will depend on if you can both agree about the grounds for the civil partnership and other matters. This would include who any children will live with and financial matters such as the splitting of any savings or the payment of the mortgage.
Civil Parternship Family Lawyers Edinburgh
Contact our approachable and dedicated family lawyers for support, advice and assistance with civil partnership and same sex marriage separation.
Contact us today on 0131 341 4990 or complete our online enquiry form.