Divorce From Civil Partnership In Uk

[isanbirder]

No, I'm not 'partnered' yet!

I read elsewhere that a civil partnership could be dissolved with a minimum of fuss and expense, whereas divorce from a heterosexual marriage requires the payment of expensive legal charges. (Unmarried het couples living together cannot, of course, register their union)

It seems unlikely on the face of it that gays would be given preferential conditions. Does anybody know?

[MrRealDeal]

It's only expensive if their is a big argument over assets , In either situation it could be cheap or expensive it depends on the partys involved , so if gays seem to have an advantage it's only because they gained it from being more reasonable with each other. It is unlikely gays would be given special treatment , it's not unlikely that they perfer to divorce with a minimum of fuss and expense that they earn and deserve for their behavior. ...... If that in fact is the case

[LeCharivari]

IB, I am (and fortunately very happily, as we've been together for ten years!).

The "divorce" conditions (and costs) to end a CP are effectively identical to a "normal" divorce from a "normal" marriage - the only real difference is that "divorce" is done in a Divorce Court, while CPs are ended in a County Court..

CPs can be Annuled - normally applies if the CP is void or voidable, for instance if one of you was already married or under 16. Usually has to be done within three years of registration. Unlike a marriage/divorce, non-consummation is not grounds for the annulment of a CP, as in technical/legal terms a CP cannot be "consummated", so this is simply ignored (and it will be interesting to see how this is addressed, if at all, when "gay marriage" replaces CPs!).

CPs can be Dissolved under virtually exactly the same rules as a divorce - after one year from registration, lived apart for two years if both agree, lived apart for five years if only one agrees, two years if "deserted", Grounds are identical - unreasonable behaviour, "adultery" for marriage/divorce and "being sexually unfaithful" for CPs (as partners are not technically "married" they cannot, technically, commit adultery), passing on STDs, etc.

A Separation Order is the exact CP equivalent of a Judicial Separation: you can apply for it in the first year since registration and neither of you can re-marry or "re-CP" until the CP is dissolved.

Costs depend entirely on the circumstances, who agrees and who contests what, etc - exactly like a divorce, with the same eligibility for legal costs.

Edited August 30, 2012 by LeCharivari

[isanbirder]

Thanks, LeC. (BTW, I have a partner... going on 12 years... but we haven't formalised it yet!)

[LeCharivari]

While on "what if's" it may be worth mentioning some of the possible financial benefits of a UK Civil Partnership for those who are eligible. Unfortunately you don't get any yourself and your partner only gets them after you die, but you can't have everything!

Most obviously he becomes entitled to inherit from you without paying inheritance tax - currently 40% on anything over £325,000 worldwide.

He is also entitled, depending on how many NI contributions you have made and how old he is when you die, to either a one-off Bereavement Grant or to a weekly Bereavement Benefit payable for up to two years (the latter replaced the old Widows Pension). Crucially and more importantly (at least for me/my partner) this is also the only way for a foreign widow/partner to get a NI number (unless they go to live and work in the UK), without which they will be taxed at the full/emergency rate on any pension they get from the UK (no single person's allowance, etc).

As my partner will be entitled to a Service Widow's Pension on my death the latter (getting a NI number) makes quite a difference, as it would to anyone else whose foreign partner/wife is entitled to a pension paid from the UK.

Getting this and other simple information/confirmation of my Partner's entitlement took me from 2002 to 2010, getting passed from one HMRC/DHSS department to another and to and fro between the two separate organisations which then administered and paid Service pensions. After it took two years and repeated e-mails just to get a simple forecast of benefits which should have taken 30 days, and they denied receiving correspondence several times (including e-mails) which they had already replied to I couldn't believe anyone could consistently and repeatedly be that incompetent, so I made two complaints of sexual discrimination (with the backing of the MoD, as mine was the first Civil Partnership by anyone entitled to a military pension). The reply was "no", there was no evidence of sexual discrimination, and "yes", the departments concerned really were that incompetent!

Edit: if anyone has any corrections to the above, or any other relevant information, I would be only too glad to be corrected.

Edited September 14, 2012 by LeCharivari