Ending a Civil Partnership

Civil Partnerships will only end by court order or death. Courts are able to grant a decree of nullity. The court can dissolve civil partnerships in a similar way to granting of a divorce.

Rules Regarding Dissolution Decrees:

  • Parties must be living apart for 2 out of the past 3 years
  • Proper arrangements must be made for the civil partners
  • The parties must submit two documents to the Circuit Court. One stating all details of the partnership, the second document stating all of the parties assets and means of income.

After all of the rules are complied with the court hearing will take place and if the courts are satisfied on all grounds that the parties will meet the requirements and have grounds, the dissolution will be granted. Dissolution will allow either party to enter into a new civil partnership or marriage.

The court may grant a decree of Nullity if:

  • Either party was under the age of 18
  • Either party is already married or in a registered relationship
  • The formalities were not observed
  • Either parties consent was not free and informed

Maintenance for Civil Partner on Dissolution

Civil partners are liable to maintain each other and are now subject to the provisions of the social welfare code relating to liability for maintenance.

On the dissolution of a registered civil partnership, applications must be made to the court for the payment of maintenance to the financially dependent partner. Under the rights granted by the Act, partners seeking financial provision may apply to the Court for an Order “attaching” the wages or salary of the other partner. In other words the Court may grant an order compelling the payment of wages directly from the employer of the other partner to the benefit of the partner seeking redress.

For an obligation free consultation contact:

Caoimhe Connolly
Caoimhe Connolly
Email: caoimhe@moranryan.com

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