Dissolution of a civil partnership

When applying to the court for the dissolution of a civil partnership either partner can apply for an order transferring a capital sum or partnership property from one partner to another. [1] For example the court may order payment of a capital sum to a non-entitled civil partner if the entitled owner retains the home or sells it on the open market. If an order is made regarding the transfer of a capital sum, the court may stipulate that the sum be paid in instalments.

The family home will be partnership property if it was bought before or during the civil partnership for use as a family home. It is not necessary for a civil partnership to have been contemplated at the time of purchase. For example, if one of the partners bought a property to live in with her/his partner as cohabitees and they register their civil partnership whilst living in the home, it would become partnership property. [2]

If the family home is not partnership property, the non-entitled partner will not be entitled to a share of its value although account will be taken of her/his economic contributions to the partnership. [3]

If requested by the civil partner making the application, the court can make an incidental order to the dissolution of the civil partnership:

• instructing the sale of the property

• instructing a valuation of the property

• regulating the occupation of the family home

• regulating liability between the partners for outgoings in respect of the family home. [4]

In considering whether to grant such an order the court must attempt to:

• share the value of all partnership property fairly between the partners

• take account of any economic advantage or disadvantage acquired by either partner during the civil partnership, for example where one partner advanced her/his career while the other put her/his career on hold while to look after the family home and any children of the family.

• divide the economic burden of caring for a child fairly and if not, account should be taken of that in the distribution of property or property transfer. [5]

A civil partner who has been dependent to a large degree during the civil partnership can expect a period of three years' grace to readjust to being financially independent. A civil partner who is likely to suffer serious financial hardship due to the dissolution of the civil partnership can also have recourse to additional financial provision to support her/him through that hardship. [6]

The court will not take the conduct of either civil partner into account unless the conduct has adversely affected the financial resources relevant in the claim for financial provision or it would be clearly unfair to leave the conduct out of account. [7]

The court may grant an order to come into effect at a future date. [8]

The court cannot make an order transferring the partnership property if consent is required from a third party and this has not been given. Neither can the court make such an order if the property is subject to a mortgage or secured loan without the lender being given the opportunity of being heard in court. [9]

Each partner is responsible for her/his own expenses in an action. [10]