Danielle be best for you to apply for

Danielle Lewis and
Elizabeth Benedicte
Liverpool Hope University Law Clinic

Liverpool Hope
University, Taggart Avenue

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Liverpool, L16 9JD

0151 291 3000

 

January 16, 2018

Miss Gillian Allen,Miss
Allen,

186A Birkenhead Road

Birkenhead, CH47 0NF

Dear Miss Gillian Allen,Miss Allen,

As per to our meeting on the 10th January 2018, we have
considered the dissolution of a civil partnership, and how this would affect
the sale of your flat. This is including any effect the division of finances
may have and how this will work out for both you and your ex-partner.  (You need to set her
instructions out in detail here –
who is the other party, when they met, when the civil partnership was
entered into, how they split up and when)

As you told us,
yourself and your
ex partner Miss Georgina
Turner
have been in a relationship for 17 years, and have been in a civil partnership
since 2006. Additionally,
you have been living together since being students in the Halls of Residence in
roughly 2000-2001, this will also add
to influencing the advice we will give.

Firstly, to dissolve your civil partnership,
you will need to fill out an ‘application for a divorce, dissolution or
(judicial) separation’, this form is available online at http://formfinder.hmctsformfinder.justice.gov.uk/d8-eng.pdf. Alternatively, you can
go to your local family court and request a D8 form for dissolution of a civil
partnership, for yourself this would be Birkenhead County Court and Family
Court at 76 Hamilton St, Birkenhead CH41 5EN.

There are four
grounds for dissolution of a civil partnership, as adultery cannot be counted
due to the outdated legal definition, as such these are either unreasonable behavior,
separation after two years with both yours and your ex-partners consent, separation
after five years without consent on either yours or
your ex-partners par or finally desertion after two years.

(You need to set out
what are the grounds for dissolution before you identify which is most suitable)

Based on the information you provided it would
be best for you to apply for a dissolution based on being separated for two
years with consent from both of you for
the dissolution. However, this is where it gets
slightly it is more complicated as you
and your ex-partner have been living together since your separation last
February. You will need to prove that you have lived apart for two years, Iinyears
In
some circumstances it is accepted that you have stayed in the same household
but you must be able to show that you have led separate lives by
not sharing a room together not slept together, doneundertaken any cooking or washing for each other etc. for the other person
or you have not shared meals.

This is so that you can show you have lived
separate lives. We would also like to
advise you
that
you separate all finances, This will assist in proving that you have
lived apart. However, a dissolution cannot be granted until February 2019.

 

If you are unable to
demonstrate that you have lived separate lives following your separation
potentially you may have to wait until January 2020 if you were to
formally separate now.  You may also choose to
reside in separate properties to demonstrate that the separation has taken
place.

The cost of a
dissolution, to undertake the work yourself including court fees is roughly
£550, this can be split equally between the two of you if you wish as you are
both consenting to the dissolution.   If
you are to involve a solicitor there will be additional costs.

The process of a
dissolution starts will filling out the above mentioned form you will then need
to send 3 copies to the court, keeping a copy for yourself, you will need to
include either a cheque addressed to ‘HM
Courts and Tribunals Service’ or a letter requesting to pay on the phone with
your phone number included. You will need to include your
full name and address, the same for your ex-partner, and your civil partnership
certificate. This can either be the original document or a copy from a register
office.

Secondly an ‘Acknowledgement of Service’
will be sent to your ex-partner, Miss Turner, along with her copy of the
divorce/dissolution petition, this will ask them various questions, such as if
they have received the petition, if they agree with it and if they agree with
the terms. Often times the other person will be ordered to pay the costs of the
divorce so you should discuss this together before your ex-partner sends their
acknowledgement form until an agreement is made. Then you will need to wait
until you can apply for a final order. You will then need to
wait nine days to apply for a conditional
order, using
form D84
found at http://formfinder.hmctsformfinder.justice.gov.uk/d84-eng.pdf, as
stated above you can also ask for this at your local family court. As
the information you
have given indicates the spilt is mutual you will not need to fill out section
B of this form, only do so if you want a case management hearing. There are
separate forms available depending on the reason you
are requesting a dissolution, for a separation after two years you will need
the D80D form
found at http://formfinder.hmctsformfinder.justice.gov.uk/d80d-eng.pdf.
You will then need to attach your ex-partner’s
response to the papers and send them to thThis
will be six months  weeks and a day after
your first application date if you apply for the dissolution.
The fee for this is included in the cost you paid
upfront. After this, once the court is content that all procedure has been
followed and there is nothing left to be sorted out between finances or custody
matters then a final order will be granted. This means your dissolution is
complete.  All together
the process will take roughly two to three months pending the
speed of when forms are filled out, posted and received. As such
if you begin the process in February 2019 you will be officially dissolved in
the April/May of the same year, or the year after if you begin
the process in 2020.

 

Furthermore
you wanted to discuss the
issue of your finances.  You told us that
you were earning £22,876.00 as a student administrator.  Your ex-partner was
earning between £37,000.00 to £40,000.00 in her role as a lecturer.

 

You
own 186A Birkenhead Road, CH47 0NF with your ex-partner.  Your ex-partner
paid 2/3 of the deposit. You undertook damp
proofing and decoration at a cost of £1000.00.  The mortgage owing on
the property is
£153,298.00 and the property is worth in the in the region of £179,000.00 and
is currently on the market with Carl Tattler. 

 

With
regards to savings you said you had around £1000.00 in premium bonds and
£1,000.00 in Ted
baker shares..   You were
unclear as to whether your ex-partner had
savings. You did have a credit card with around £2000.00 on
but admitted that this was mostly your own debt.  Your ex-partner may
have credit cards but were unclear as to how much.

 

Similarly, you
were aware that you both had pensions but were unclear as to the value. 

 

You
wanted to know whether you had to undergo your Civil
Partnership dissolution before you sold your
property.

 

Ordinarily
with regards to finances
within a civil partnership, this is dealt with at the time that parties go
through their Civil
Partnership Dissolution.     The process
when looking at finances remains the same as it does within Divorce
Proceedings.

The best way to achieve a fair
outcome would be to engage within a process known as
full voluntary disclosure.

 

By this what is meant
is that both you and your ex-partner will complete Financial Statements.  This sets out your assets and
liabilities.  It also sets out your
respective income needs.  Before you start to
complete this documentation, you will need to
speak to your ex-partner to see if she is
agreeable in engaging within that process.

 

If she is in agreement, you would both complete
Financial Statements and agree a date to exchange the same.  You then would go through your ex partner’s
financial statement closely to look for any irregularities and missing
information.   Often there can be unexplained sums and missing bank
accounts which need to be clarified.  Any
questions you then have may need to be put into a questionnaire to go
to your ex-partner.  She would do the
same.  Once questionnaires are exchanged, provided
all questions are answered
you will then be able to put forward
an offer.

 

The starting point for any relationship of any significant
length as yours is an equal division of the assets.   Assets include property, savings, pensions
and joint debt.  However, the Court will also
consider your respective needs which will look at
your respective incomes and outgoings. 
In this case there is a disparity between your incomes.  These are all factors
that need to be carefully considered when making any offer.

 

If you reach agreement the
same can be put into a Consent Order which would be signed by you
both.  You
would
submit the same with payment of £50 to the,  Court,
at the
time of applying for your Final Order in respect of the Civil Partnership Dissolution. If agreement cannot
be reached at this stage, then we will need to refer the matter through to
mediation.

 

Mediation is
undertaken by an independent solicitor whose goal is to try to facilitate a
discussion between you and your ex-partner to see if you can reach
agreement.  It has many benefits but certainly
the two most important to consider are that of cost, with it being
significantly cheaper to resolve than applying to court and it taking less time
than a Court application.  In the event
that agreement is reached, the same can be put into a Consent Order and be sent
to the Court for approval.   It must be
said that any agreement reached is subject to the approval of the court.  In the event that one of you is receiving significantly
more assets than the other you may be asked by the Court to explain why at a
short hearing.

 

If agreement cannot be
reached, then the only other avenue available to you would be to apply to the
Court for an Order.  This is the last
resort and the most costly option.  We
would
suggest that you first try to resolve
matters via the other methods that we have suggested.

 

Ultimately if agreement
cannot be reached at court, a Final hearing will take place which will then
result in the judge making an Order that he or she sees fit.

 

If you were to deal
with the finances before you undergo dissolution proceedings this can be done
by the preparation of a document known as a Deed of Separation or Separation
Agreement.  The same deals with all
of your finances and how you are
to divide the same with the exception of your
pensions.  You can then choose at a later
stage to have this document converted in to a Consent Order and include the
necessary paragraphs with regards to how to divide your pensions.  It is recommended that you seek the assistance
of a solicitor in preparation of this
document.  If properly drafted
the agreement is legally enforceable.  In reaching agreement
the process remains the same as above.

In both cases you can
however choose to make an offer to settle matters with your ex-partner without financial
disclosure.  This however would be
against advice and if you were to involve a solicitor they are
likely to ask you to sign a disclaimer as there may be assets
you are unaware about when the agreement is made.

To summarize you are able to
proceed with a Civil Partnership
Dissolution Application
for Separation with Consent but will
have to wait until at least February 2019 to apply.  You are able to settle your finances now or in the
future.  You will not be able to deal with pensions
however until you finalize the Civil Partnership
Dissolution. 

 

Thank you for using
the Liverpool Hope University Law Clinic,
we hope the advice has
been satisfactory.

In the event that
you
need further assistance in the future, please contact Darren W White BA (Hons)
from Maxwell Hodge Solicitors on 0151 526 9321 or on email at [email protected]

 

 

Thank you for using
the Liverpool Hope University Law Clinic, We hope the advice has been
satisfactory.

Yours Sincerely,

Danielle Lewis and Elizabeth Benedicte
Liverpool Hope University Law Clinic

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