When a relationship breaks down, understanding your legal position and the financial implications is essential to securing a fair outcome. This case study looks at how Tees supported a client through the dissolution of a civil partnership, helping to resolve financial matters efficiently and achieve a clean break while protecting her long-term financial position.
For context
Tees were instructed by *Sarah in connection with her dissolution from her civil partner, *Louise, and the resolution of the financial matters on the breakdown of the civil partnership.
Sarah and Louise did not own any property or other assets jointly. They both had sole bank accounts and were residing in rented accommodation.
Louise was unable to work due to physical health conditions and ongoing mental health issues. Whereas Sarah had a full-time job and had built up a modest pension through her employment.
Sarah was eager to resolve financial matters so that both parties could move on independently, as they had managed their own finances since they had separated. Sarah was concerned that Louise would not agree to a clean break and therefore sought legal advice from Tees.
Sarah had only initially instructed Tees to deal with financial arrangements arising from the dissolution, to save legal costs and intended to make the application for dissolution of the civil partnership herself.
Difference between marriage and civil partnership
Although marriage and civil partnership for same-sex couples are similar in practical terms, The legal process differs.
The process to get married or become civil partners, is much the same; however, the key difference is that a marriage is solemnised by saying a set of prescribed words and signing a marriage certificate, whereas a civil partnership is registered by signing the civil partnership certificate, with no words to be spoken.
A marriage can be a religious ceremony if the couple choose, whereas a civil partnership cannot be a religious ceremony, but you can have a religious blessing before or after signing the civil partnership certificate.
Divorce vs dissolution: key legal differences
The law prescribes that when a marriage has broken down irretrievably, you obtain a divorce, whereas if a civil partnership has broken down irretrievably, you obtain a dissolution. Whether divorcing or dissolving a civil partnership, the same potential financial claims are available, with the same considerations for the needs of each party and any children being taken into account.
Another key difference is that a marriage will be recognised in other countries and most religious groups; however, a civil partnership may have limited countries and religious groups whereby it is recognised, which could present a challenge should the couple wish to travel or immigrate.
What happened next?
Sarah initially submitted an application for divorce rather than dissolution. As a result, the Court rejected her application and instructed her to re-submit the correct documentation.
Tees stepped in to assist Sarah with the application process, and the Court issued Sarah’s dissolution application shortly thereafter.
Reaching a practical settlement
Tees supported Sarah in negotiating a financial agreement with Louise that reflected both parties’ circumstances.
The agreement resulted in a full Clean Break Order by way of consent, ensuring that:
- Sarah retained her pensions in full
- All financial claims between Sarah and Louise were dismissed and
- Sarah’s financial position was fully protected following the dissolution.
Why Tees’ advice made a difference
- Clear guidance on complex procedural issues, including correcting the court application
- Efficient resolution, avoiding unnecessary delay and additional cost
- Practical, proportionate advice, focused on achieving a clean break
- Protection of pension rights, ensuring long-term financial security
- Sensitive handling of vulnerability factors, including Louise’s health circumstances
- Supportive client-led approach, aligned with Sarah’s goal of independence and finality
Giving you the full picture
If you are facing the breakdown of a marriage or civil partnership, early legal advice can help you avoid delays, reduce costs, and secure the right financial outcome.
Our family law team can assist with financial settlements, pension considerations, and achieving a clean break tailored to your circumstances.
Contact Tees today to speak to a specialist family lawyer about your situation.
*Names have been changed to protect the privacy of those involved.
