Civil Partnership Case Study

We were approached for advice in relation to the breakdown of a Civil Partnership. The client instructed us to assist him with the Dissolution Application and to assist with the resolution of the financial arrangements. Our client advised us that domestic abuse had been a factor within the relationship.

Our Approach and Advice

We advised our client that he could apply to dissolve the partnership on the basis that the relationship had irretrievably broken down. Our client was the motivator for the breakdown of the relationship and advised that his partner was not happy about the prospect of separating. It was therefore agreed that a sole application would be more appropriate. It is only possible to oppose the dissolution application if there was a mistake in law or fact.

Our client was the sole owner of the family home. The property was owned by him for many years before the parties entered into a relationship. Financial disclosure was exchanged and we assisted with negotiations. Whilst it is difficult to successfully argue that the family home should be ring-fenced as non-marital, we were able to argue that the partner had significant savings which could be utilised to meet his housing need. We were able to reach an agreement that our client would retain the family home and the partner would retain his savings. This was on a clean break basis, so both parties agreed that the financial ties between them should be severed.

Outcome

A Consent Order was filed with the Court reflecting the agreement reached. Whilst the Judge raised queries, we were able to persuade her that the agreement was fair and appropriately met both parties’ needs. The Order was ratified by the Court, and as such the agreement was legally binding. The Application for the Dissolution of the Civil Partnership concluded with a Final Order being made.