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Not sharing assets upon civil partnership dissolution

Posted by ikagi 
Not sharing assets upon civil partnership dissolution
January 15, 2021 08:09AM
Hi there, I'm hoping someone would give us some feedback on our situation.

We have been in a civil partnership for the past 6 years.
We want to amicably dissolve the partnership.
We are both in our 30s.
No children, no mortgage.
In terms of assets, we both have savings with about £5k each.
Partner A works in the NHS, good salary and NHS pension obviously (having worked there for about 5 years).
Partner B worked in admin before being made redundant due to COIVD-19. He has a company pension from his time at the firm (of around 3 years). He is planning on becoming self-employed to support himself in the future.

In view of the above, my questions are as follows:

1) Since both of wants to dissolve the civil partnership and to do so amicably, can we still apply on the basis of 'unreasonable behaviour'?

2) Do we have to be living at different addresses to submit the dissolution paperwork? We are in the process of finding separate places. Should this happen before submitting paperwork?

3) Both of us DO NOT want to share any assets, including pensions. Since Partner A earns more and has a bigger pension with more earning potential than Partner B, would a Court likely 'force' us to split/share pensions?

4) Do both of us need separate solicitors to write a Consent Order?

Any feedback would be greatly appreciated.
Re: Not sharing assets upon civil partnership dissolution
January 15, 2021 10:17AM
1) Since both of wants to dissolve the civil partnership and to do so amicably, can we still apply on the basis of 'unreasonable behaviour'?

Yes, assuming it applies, which it almost always does.

2) Do we have to be living at different addresses to submit the dissolution paperwork? We are in the process of finding separate places. Should this happen before submitting paperwork?

Living apart is not necessary in order to seek a dissolution on this ground.

3) Both of us DO NOT want to share any assets, including pensions. Since Partner A earns more and has a bigger pension with more earning potential than Partner B, would a Court likely 'force' us to split/share pensions?

No, assuming what you want to do is broadly fair a court would not force you to do otherwise.

4) Do both of us need separate solicitors to write a Consent Order?

Not necessarily, no. However, you will need a solicitor to draw it up and the other spouse would be wise to at least get independent advice before signing.
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