Breakdown of Civil Partnerships in Scotland

The breakdown of a civil partnership is a testing time. Not only is it emotionally distressing, but often you are left with a hundred and one things to organise. That is why if you are considering applying for dissolution, you need expert legal advice you can trust.

Dissolution of a Civil Partnership

If you are in a civil partnership which has broken down, you may wish to go through dissolution proceedings. This is much the same as when a married couple divorce, only for the dissolution of a civil partnership to be accepted you must be able to prove one of two things:-

1. One of the partners in the civil partnership has an interim gender recognition certificate (which must be gained from the Gender Recognition Panel);

2. The civil partnership has broken down irretrievably (see below).

If you are applying for dissolution on the grounds there is an ‘irretrievable breakdown’ of the civil partnership, it must be proven that your relationship can no longer exist on a permanent basis. To do so, you must provide evidence that one (or more) of the following has happened:-

Your partner has behaved unreasonably, meaning you are no longer able to live together – eg. he/she committed adultery, or has been physically or mentally cruel;
You and your partner have lived separately for at least one year and you both agree to the dissolution;
You and your partner have lived separately for at least two years (in such a case, it is not necessary to have approval from both partners).

How to Apply for a Dissolution of a Civil Partnership

The process for officially ending a civil partnership will depend on:-

Whether you have children under the age of sixteen;
Whether the dissolution is defended or undefended.

In the event both partners agree to the dissolution and you have no children under the age of 16, you can use the simplified procedure of a ‘DIY dissolution’ by applying to your local sheriff court for the necessary forms.

Nevertheless, if you do have children under 16 but there is no dispute over the dissolution (called an undefended dissolution) or if one partner does not agree (called a defended dissolution) then you will need to go through the ordinary procedure. In each case you need to seek expert advice from a solicitor, as there are different legal requirements for each circumstance:-

Undefended dissolution

Even if you both agree to the dissolution, a solicitor will be needed to advise what grounds for dissolution can be used, suggest necessary pieces of evidence and draw up an agreement on how finances and assets are to be split. Most importantly, if you have children under16, a solicitor can help show that the necessary arrangements for their care have been organised. This paperwork will then be submitted to the court for review along with sworn statements (affidavits) and a summons (or an initial writ). If the court is satisfied with the grounds for dissolution and the arrangements (particularly where children are involved) then they will issue a dissolution certificate. This is called an extract decree of dissolution of a civil partnership.

Defended dissolution

A person may start proceedings to dissolve the civil partnership (known as the pursuer) only to find their partner (known as the defender) does not agree. This may be because there is a dispute over the grounds of dissolution, arrangements for children or the division of assets.

If so, when the defender receives an initial writ from the court, he/she must send a Notice of Intention stating their decision to defend and explaining the reasons why. It is likely this will then result in a court hearing. This is usually held in the sheriff court, but can be heard in the Court of Session if the issue is a complex one (for example, there is a large amount of money or property at stake). If the court finds the civil partnership has irretrievably broken down and they are happy with arrangements, then they will issue an extract decree of dissolution of a civil partnership.

Legal Help in Edinburgh

If you need help with the dissolution of a civil partnership, contact Edinburgh-based law firm McKay Norwell. We have a dedicated family law department with a wealth of experience, putting us in the perfect position to provide professional but friendly advice. Whether you would like more information on the dissolution process, would like help beginning proceedings, or you are looking for alternative options, we are ready to be of assistance.

Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.