In 2012 Jersey welcomed the introduction of its Civil Partnerships Law, which set out the basis upon which same-sex couples could legally form civil partnerships. This same piece of legislation addresses the issues which arise when parties wish to dissolve their civil partnerships. We examine in further detail below the various ways in which this can be achieved.
It should be noted at this juncture that neither party may apply to the Court to dissolve their civil partnership unless, at the date of the application, a period of three years or more has passed since the formation of the civil partnership, unless the case is one whereby the applicant has suffered exceptional hardship, or the respondent has exhibited behaviour of exceptional depravity.
This is not to say, however, that the parties may not separate during this time. If you require further information in respect of separation, please see our article [link here].
Once an application for the dissolution of a civil partnership has been made to the Court, the parties are referred to as “applicant” (being the party making the application) and “respondent” (being the party against whom the application is filed).
For couples who have been in a civil partnership for a period of three years or more, either party may apply to the Court to have the civil partnership dissolved on the basis that, since entering into the civil partnership:
This ground can be problematic as what may be considered by one person to be unreasonable, may not be considered to be unreasonable by another. That said, and as a guide, some of the following may be deemed to constitute unreasonable behaviour for the purposes of an application to dissolve a civil partnership:
It should be noted that these are not the only factors to be considered when making an application on the ground of unreasonable behaviour. If you wish to make an application and are unsure whether the ground of unreasonable behaviour applies to your situation, please do not hesitate to call one of our family lawyers who would be happy to discuss this with you.
In order to make an application on the grounds of one or two years’ separation, the couple need not necessarily live in entirely separate accommodation, and indeed it is well-recognised that many couples cannot afford to do so. It is however essential that the couple live separate and apart in the sense that, although they may reside under the same roof, they each undertake their own household chores, and do not continue with shared sleeping arrangements, for example.
It is also important that applicants are aware that in instances where applications are made on the ground of on year’s separation, the respondent must have been given such information as will enable him/her to understand the consequences of consenting to an order of dissolution being made and the steps which the respondent must take to indicate their consent.
The Court may rescind any such order if the Court is satisfied that the applicant misled the respondent (intentionally or unintentionally) about any matter which the respondent took into account when deciding to give his or her consent to an order of dissolution being made.
Further, it is important for applicants to consider that the Court may refuse an application made on the ground of two years’ separation if the Court is of the view that such dissolution would cause grave financial or other hardship to the respondent. Should you find yourself in this position, we would be happy to talk this through with you.
The breakdown of human relationships can cause great stress, anxiety and problems. The process of separation and divorce is rarely easy.
Our aim is always to attempt to deal with divorce as painlessly as we can. While this cannot always be achieved – much depends on an individual client’s own requirements and the way in which the other party to the case proceeds – we will always attempt to seek such a course for you. We will look to solutions to solve any problems between the parties and not to add to the antagonism.
Our divorce lawyers are focused on providing you with expert advice with a truly personal service.
We advise on all aspects of family law: whether it be advice on divorce, dissolution of a partnership or financial settlements we can assist.
Our clients are pleased with our service and fees; we are confident you will be too.
Should you wish to discuss your options with a view to dissolving your civil partnership, please do not hesitate to call one of our family lawyers on 630530 or email us on email@example.com. All enquiries are of course received in the strictest confidence and we look forward to working with you to find a solution tailored to your needs.