My civil partnership has broken down and we are in the process of dissolving this but, I am worried about what happens about the house and sorting out a financial settlement. What happens next?
The Civil Partnership Act 2004 (CPA) makes provision for how financial relief can be obtained when a partnership ends. The court can make orders for – periodical payments (maintenance) – lump sums – property adjustment (what is to happen to the home) – a variation of an existing settlement – pension sharing.
When considering making a financial order the court has to take into consideration many different factors such as income, earning capacity and other financial resources, the financial needs and obligations of each civil partner and the standard of living enjoyed by the family before the breakdown of the partnership as well as the age of each partner and the duration of the partnership, any physical or mental disability, the contributions which each has made or is likely to make in the foreseeable future to the welfare of the family as well as the effect of the dissolution upon pensions and inheritance and occasionally the conduct of each partner.
Before any Court application, it is usual to try to resolve the issues through negotiation. Most importantly it is sensible to seek legal advice, as can be seen from the factors above there is a lot to consider and advice at an early stage may well save you considerable time and money.