As per to our meeting on the 10th January 2018, we have considered the dissolution of a civil partnership, and how this would affect the sale of your flat. This is including any effect the division of finances may have and how this will work out for both you and your ex-partner.
Firstly, to dissolve your civil partnership, you will need to fill out an ‘application for a divorce, dissolution or (judicial) separation’, this form is available online at http://formfinder.hmctsformfinder.justice.gov.uk/d8-eng.pdf. Alternatively, you can go to your local family court and request a D8 form for dissolution of a civil partnership, for yourself this would be Birkenhead County Court and Family Court at 76 Hamilton St, Birkenhead CH41 5EN.
Based on the information you provided it would be best for you to apply for a dissolution based on being separated for two years with consent from both of you for the dissolution. However, this is where it gets slightly more complicated as you and your ex-partner have been living together since your separation last February. You will need to prove that you have lived apart for two years, in some circumstances it is accepted that you have stayed in the same household but you must be able to show that you have not slept together, done cooking or washing etc. for the other person or you have not shared meals.
This is so that you can show you have lived separate lives. I would also like to advise that you separate all finances, including utilities. This is to show a clean break and will go to proving that you have lived apart. However, a dissolution cannot be granted until February 2019, unless you would like to apply to the court for a legal separation order. As you stated in our meeting you and your ex-partner have not tried mediation, as such the court may ask that you attempt this before they accept your request for a dissolution.
There are many people you need to notify of your separation, I will list the ones I believe relevant to the information you have provided.
· Council Tax Office
· Mortgage Lender
· Water, Gas, Electricity and Telephone companies
· The Tax Office
· Your bank
· Insurance companies
· Doctor, Dentist and other health personal
Each of the above should be notified, as sometimes a separation can affect conditions with these companies/institutions. It is better to check to be sure.
On the information, you provided us it is unlikely you will be able to seek a dissolution until you can prove you and your ex-partner have lived apart for two years. As such I would advise that both you and your ex-partner find alternative living accommodation as soon as possible. Alternatively, if you have concrete proof you and your ex-partner have lived complete and separate lives for two years, in February of next year you may seek a dissolution of your civil partnership. However, it important to keep in mind this advice is based upon only one side of the situation, and we do not have all the details, as such there will likely be more for you to consider in the event you do pursue a dissolution. The cost of a dissolution, including court fees is roughly £550, this can be split equally between the two of you as you are both consenting to the dissolution.
Additionally, if you need further assistance in the future, please contact Darren W White BA (Hons) from Maxwell Hodge Solicitors on 0151 526 9321 or on email at [email protected]
Thank you for using the Liverpool Hope University Law Clinic, We hope the advice has been satisfactory.