The court will require you to pay a standard government court issue fee of £593.00 and is payable directly to to the court prior to the court issuing you divorce petition.
If you are on a low income you may not have to pay £593.00 Court fees, your legal adviser will review this opportunity with you.
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To get a dissolution, you must have been in a civil partnership for more than one year. There is only one ground for the dissolution of a civil partnership, which is that the partnership has broken down for good irretrievable breakdown.
The first step when dissolving a civil partnership involves making an application to the court. The application will involve the details of both parties, alongside a statement of irretrievable breakdown. A sole application by one party or a joint application can be submitted.
If the application is made by a sole applicant, the court issues the application to the other party (known as the respondent), along with an acknowledgement of service form. The respondent must respond within 14 days, confirming their receipt of the application and confirming that they will not be disputing the dissolution of the civil partnership.
The grounds for disputing a civil partnership dissolution application are limited to the following:
If the court is satisfied, a date will be set for the conditional order to be pronounced. There is a minimum 20-week waiting period between the civil partnership dissolution application being submitted and the conditional order being pronounced.
Six weeks after the conditional order has been granted, the applicant(s) can apply for the final order. Once granted, this means that the civil partnership has been dissolved.
There are no hard and fast rules regarding your financial rights in the breakdown of a relationship.
There will often be a range of possible solutions to dividing the assets in your relationship, and it is important that you explain fully to your legal advisors your own preferences within that range. It may be that you can come to an amicable agreement with your partner. If you do, it can be embodied in a legal binding agreement (called a Consent Order).
At Legal & Co we will guide you through the factors that the court may take into account, such as the age of the parties, the length of the relationship, jointly and individually held assets (including property), your income and pension provisions. Sorting out these arrangements with your former partner outside the bounds of the court will save time, money and additional heartache.
If you can’t agree however you have the right to invite the court to decide on a division of the assets with your partner.
This is a separate case beyond the dissolution of the civil partnership and follows the same process as financial settlements on divorce. You will need advice about your rights and may need our help to negotiate a settlement.
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