Expert help with dissolution of civil partnership
The end of relationship is often a very traumatic time. The grounds for dissolution of a civil partnership are:
- One year separation with your partner’s consent
- Two year’s separation without your partner’s consent
- Unreasonable behaviour
It is extremely important that all financial matters are agreed or determined before dissolution. These should be narrated in a document known as a Separation Agreement. This allows your dissolution to proceed as undefended and will save on costs. At Johnson Legal Family Law we believe that pursuing a defended action through the Court should always be a last resort and we work hard to avoid it where at all possible.
The first thing we need to do is establish the relevant date, the date the parties ceased living together as civil partners or the date a dissolution action was served, whichever occurs first. We then must consider partnership property, which covers all the assets and debts acquired by the parties, jointly or individually during the civil partnership but before the relevant date, excluding gifts from a third party or inheritances.
Partnership property can include savings, life insurance policies, rights under pension schemes, bank accounts, timeshares and debentures. It also includes a house acquired before the civil partnership for use as a family home, as well as its contents, however generally not any other property already owned by either party before the civil partnership.
Scottish Law requires that the division of partnership property should be based on fairness which means that the net asset ‘pot’ is divided equally between the parties unless there is a very good reason for not doing so. Such reasons may include the economic burden of caring after dissolution for a child under 16 or the fact that one party gave up work to look after the other party and/or their children.
Costs and Fixed Fees packages
The cost of a dissolution can run into tens of thousands of pounds depending on the complexity of the matters in dispute. We will always give you a regular indication of the likely fees and the amount of any outlays required in taking the advice from any experts such as actuaries or psychologists.
We are all too aware that sometimes the commercial decision dictates that it is far better to offer your ex-partner slightly more than you would otherwise wish simply to avoid legal fees escalating to the point where there is no winner – apart from the lawyers!
Not all divorces are defended and we can offer a fixed fee package for an undefended divorce where there are children under the age of 16 for £1,400 plus VAT and Court outlays which are £233 (as at July 2022).
Not all dissolutions are defended and we can offer a fixed fee package for an undefended dissolution where there are children under the age of 16 for £1,400 plus VAT and Court outlays which are £233 (as at July 2022).
The simplified dissolution form can be downloaded from the Scottish Courts Website.
We can assist you to complete the application and lodge the papers on your behalf for a fixed fee of £375 plus VAT and the court outlay which is currently £131 (as at July 2022).
We offer a free 10 minute telephone call with one of our solicitors to discuss how we can help.
If I speak to a solicitor does that always result in court?
Frequently asked questions to consider…
Wise words from Beverley…
“The best outcome financially for you is to negotiate a settlement covering all aspects of your separation that can be reflected into a document known as a Separation Agreement or Minute of Agreement. Once this has been signed you can proceed to divorce on undefended basis which will cut your costs considerably, as well as your stress levels”.
We can help you right now
Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.
We understand that seeking Family Law advice can be daunting. However, when you get in touch with us, you will find a tailored, highly personal and reassuring approach which will empower you to take back control.
Recent Case Studies, Articles and Information
Can you find happiness after a divorce?
A lot of new clients ask us how they will feel after their divorce has been finalised. Some people get to the end of their divorce and they’re in the [...]
You’ve had a terrible Christmas and want to separate – what now?
In our experience, Christmas can be the final straw for relationships that have been delicate for some time. The cost-of-living crisis has exacerbated this further with heightened financial concerns magnifying [...]
How much does a divorce cost and how long does it take?
How much does a divorce cost? The cost of a divorce ultimately depends on the case, the people involved and the extent of the dispute between you and your ex-spouse. [...]
Top 10 Divorce Questions
If you’ve been contemplating divorce or if you’ve been presented with divorce papers, you probably have many questions and concerns, especially if there are children involved. At Johnson Legal Family [...]
Top 5 tips to look after your mental health during a separation or divorce
World Mental Health Day (10 October) is about raising awareness of mental health and driving positive change for everyone’s mental health. When you’re going through a separation or divorce, it [...]
How to get a divorce in Edinburgh
Many people don’t realise that divorcing in Scotland is not the same process or the same legal system as divorcing in England or Wales. At Johnson Legal Family Law, we [...]
Why do divorce and separation rates peak after the summer holidays?
The summer holidays can be a magical time for families to make memories, go on trips and spend uninterrupted quality time together. However, in our experience, the school summer holidays [...]