Dissolution of a Civil Partnership
Once all of the financial matters have been resolved, civil partners can proceed to have their civil partnership dissolved. There are two grounds of dissolution of a civil partnership in Scotland:
- An interim gender recognition certificate has been issued to one of the civil partners; or
- The civil partnership has broken down irretrievably as established by:
- Unreasonable behaviour of one of the parties to the civil partnership One year separation with the other party consenting to the dissolution
- Two years separation (the consent of the other party is not required)
Simplified Divorce/Dissolution procedure
If there are no children of the family under the age of sixteen, where the ground of divorce/dissolution is the issue of an interim gender recognition certificate, one year separation with consent or two years separation, an application can be submitted to the court via the simplified procedure, which is essentially an administrative process.
If there are children of the family under the age of sixteen, a formal action of divorce or dissolution will be required to be raised in court, although this will often be undefended in the event that the financial matters have been agreed.
Please contact a member of our expert team on 0131 226 6541 or 0141 332 5666 for advice on divorce and/or dissolution of civil partnership.
Please contact a member of our expert team in Edinburgh or Glasgow on 0131 226 6541 or 0141 332 5666 for advice on dissolution of civil partnerships.
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