Dissolving civil partnerships is in many ways no different to the process of divorce, however, there are still some nuances. The legal system has taken massive strides forwards in terms of equality when dealing with same-sex couples in the last few years. The changes ensure that all enjoy the same rights, something that is still not the case in many other countries.
When parents separate they will need to resolve issues about where the children should live, time spent with each parent and other family members, schooling etc. When parents disagree there are a number of ways of solving the issues. It used to be either via mediation and if that didn’t work out then as a last resort an application is made to the Family Court. However, since July of this year Family Arbitration has been available as an alternative route.
With cohabiting couples being the fastest growing family type in the UK (according to the most recent ONS Families & Households report) as family lawyers we think it’s important that a couple who chooses to live together rather than marry understands the limits of their legal protection in that relationship. Couples should seriously consider drawing up a Cohabitation Agreement, to protect their interests, should the worse happen.
As more people enter civil partnerships and same sex marriages it’s an unfortunate fact of life that more of these relationships are also ending in divorce, or dissolution as it’s known. Between 2012 and 2014 there was a 20% increase in the number of civil partnership dissolutions.
The early hours of Saturday March 29, 2014, saw the first gay marriages in England and Wales after a change in the law allowed same-sex couples to be joined in matrimony rather than “just civil partnershipped”. The debate on whether this should or shouldn’t happen seems to have been running for years.Looking at the legal history, persons of the same sex were not allowed to get “married” at all. However, opinions over time changed and...