Factors which govern the division of assets on the ending of a civil partnership
The court will take into account all of the circumstances of the case including:
- the welfare of any children
- available capital, income and other resources
- financial needs
- ages of the parties and length of the civil partnership
- standard of living enjoyed before the breakdown of the civil partnership
- any physical or mental incapacity
- contributions
- bad behaviour or conduct
- loss of pension benefits
As it has only been possible to apply to the court to dissolve a civil partnership in England and Wales since the end of 2006, there have been few reported cases confirming the approach of the courts to the dissolution of a civil partnership and the factors set out above. It is understood that their approach is similar to that adopted towards a divorcing couple.
Further details and an explanation of the way in which the above factors are approached by the courts are set out in the section factors which govern the division of assets on divorce.
In addition however, there are specific provisions concerning property owned by civil partners. For example, if a civil partner makes a "substantial contribution” to the improvement of a property in which either or both partners have a beneficial interest, the contributing partner can acquire an enlarged share of the property as may have been agreed between them or, if no agreement, as seems “just” to the court.
When considering financial arrangements the court will try to achieve a “clean break” ending the mutual financial obligations if possible and fair to do so.
For further information about dealing with the division of assets on the dissolution of a civil partnership, click on the relevant link below:
Civil partnership dissolution
To arrange a discussion with a family law solicitor about civil partnership dissolution click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
