THEGAYUK

Author: Grayfords Law

  • LEGAL ADVICE | How do my partner and I dissolve our civil partnership, if one of us lives abroad?

    A reader asks our legal experts for advice on how to dissolve a civil partnership when one of them lives outside the UK. Megan Bennie, a solicitor at Grayfords Law looks into the case.

    How do I dissolve a civil partnership, if one of us lives abroad?
    FILE PHOTO

    Dear Legal Clinic,

    Hello. I have me tried in many ways to obtain the necessary information with no success. I hope you can help. Both my ex-partner and I wish to dissolve our civil partnership.

    The issue is I live abroad in Greece and he is in London. We have no mutual assets. We’ve been using documents from the Internet and posting to the court. But there are no guidelines for this process with one of us being non-domicile. I cannot get any documentation or information as I am not UK resident.

    Do we need for lawyers to be involved?  Just need to know the system.

    Malcolm

     

    Dear Malcolm,

    Thank you for your questions.  We live in an increasingly international world and now it is by no means unusual for a couple to be different nationalities, to live or marry abroad…and even to divorce from abroad. So don’t worry, there is a way through.  Even if you are living abroad, you can petition for a dissolution of your civil partnership on the basis that you last lived as a partnered couple in England and Wales (if this is the case) and/or your civil partner lives in England and Wales. One hurdle you might find harder to overcome is that you MUST have either your original marriage certificate or a certified copy (and a translation if it is not in the English or Welsh language). You can order a copy from the General Register Office for about £10.  https://www.gro.gov.uk   

    If you’re abroad and still on fairly amicable terms with your ex, have you thought about him applying for the dissolution? Unfortunately, you can’t apply together, even if you both agree the partnership has come to an end. However, that’s not to say you can’t work together to agree the paperwork in advance and split the fee. If your ex-partner still has an address in the UK it is likelier to be far quicker and easier for him to deal with the paperwork and get things moving.

    Best of luck with moving the dissolution forward. The process usually takes 6-9 months so the sooner you start, the sooner you can reach the finish line and start your new legally separate lives. 

     Megan Bennie– Solicitor at Grayfords

     

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    The advice given here is provided for free and is not intended to replace legal advice from your own legal representatives who will better know and understand your circumstances and situation. Before acting on any information you should check with your own legal representatives.

  • LEGAL CLINIC | Following the Turing Law, Am I entitled to claim for unfair dismissal and wrongful imprisonment?

    A reader asks now that the Turing Law is a reality, can he claim for unfair dismissal from the army and wrongful imprisonment.

    Am I entitled to claim for unfair dismissal and wrongful imprisonment?

    I am 55 years of age.

    I joined the army at 19. In 1983 I was court martialed for gross indecency, sentenced to 6 months in military prison and discharged with disgrace. Under the Turing law, I have since received a royal pardon and my record wiped clean both by the Home Office and the Ministry of Defence.

    My question is: Am I entitled to claim for unfair dismissal and wrongful imprisonment?

    John (Name changed)

    Dear John,

    Thank you for your question. I’m very glad to hear you’ve been able to use “Turing’s Law” to obtain a statutory pardon.

    Although the effect of the conviction being disregarded means the conviction should in all circumstances be considered as never having happened, the pardon itself does not retroactively change the status of the then applicable law. This means that, unfortunately, you cannot take any action for wrongful imprisonment because, according to the laws of the time – unfair as they were, the action taken by the court martial was lawful. Neither can you pursue the issue in terms of employment law. Court martial decisions are not covered by the Employment Tribunal (which is the only place you can pursue unfair dismissal claims) and in any event, claims have to be brought within three months of dismissal.  Employment law is incredibly restrictive at the moment and is generally thought to favour the employer over the worker.

    This means that, unfortunately, you cannot take any action for wrongful imprisonment because, according to the laws of the time – unfair as they were, the action taken by the court martial was lawful. Neither can you pursue the issue in terms of employment law. Court martial decisions are not covered by the Employment Tribunal (which is the only place you can pursue unfair dismissal claims) and in any event, claims have to be brought within three months of dismissal. Employment law is incredibly restrictive at the moment and is generally thought to favour the employer over the worker.

    You have suffered a great deal and I know you will be disappointed that this legal advice is not more positive. The key with employment law today is to act quickly and anyone suffering from discrimination at work because of their sexuality should to take advice from a trade union or a solicitor as soon as they can. Even if you are not a member of trade union now, or at the time of the discrimination, you should still contact a local union rep as they can help you nonetheless.

    Check your household insurance too: sometimes it will cover legal services without you realising. No one should have to suffer any detriment at work because of their sexuality, or any other characteristic that has nothing to do with their job, so if you are suffering in this way, please seek help.

  • LEGAL CLINIC | I need to dissolve my civil partnership but my partner has been missing for years

    A reader asks how he might go about legally separating from his civil partner after a number of years of separation, the only problem the partner is uncontactable. We asked the lawyers for their advice.

    How to get a Civil Dissolution

    Dear Legal Clinic

    “I’ve entered into a civil partnership about ten years ago with a guy from Poland and have since lost contact with him. I have tried for a number of years now to track him down as I would like to dissolve our partnership. As I can’t locate the guy and believe he has moved back to Poland, is there a way I can dissolve our Civil Partnership with him?

    Any help would be much appreciated.”

     James

    Grayfords‘ Megan Bennie write,

    Dear James,
    Thank you for your question. Your situation may sound rare but it’s actually more common than you might think. In today’s increasingly international world, it’s not uncommon for someone to move back to their home city or country when a relationship breaks down.

    You say you’ve tried to locate your partner for a number of years. The easiest way for you to obtain a dissolution of your civil partnership is on the basis of 5 years’ separation (dissolution is the almost exact equivalent for civil partnerships of a divorce for marriages – the forms and procedures are the same). It sounds like you might be close to the 5-year point or have already reached it. The advantage of basing the dissolution on 5 years’ separation is that you don’t need the consent of the other person. If you were to base the dissolution on 2 years’ separation you would need written consent from your partner to proceed.

    The most sensible way forward is for you to petition for a dissolution based on 5 years’ separation and use your partner’s last known address on the forms. You can write to the court to submit the forms and include some information about your attempts to locate your partner. The court is likely to accept the petition as long as your attempts are genuine, sensible attempts – you don’t have to take extreme measures or go to the ends of the earth but the court does want to see you’ve at least tried.

    Once the dissolution petition is sent out – one copy to you and one to your partner’s last known address – you should apply to dispense with service upon them, in other words, do away with the requirement for papers to be successfully received by your partner. You complete a D13 form which covers the steps you’ve taken to try and find your partner, including attempts to contact them through an employer, family, etc. where possible and the court makes a decision as to whether or not it can dispense with the service requirement. There is a small additional fee of around £50 for this application (on top of the £550 dissolution fee) and it adds a little extra time to the process. However, compared to staying married until your partner resurfaces, if they ever do, it may be a small price to pay.

    You can download all the forms you need for the dissolution procedure, including the D8 application to start the process and the D13 form to dispense with service, at http://hmctsformfinder.justice.gov.uk/.

    A lot of websites offer you an “online divorce” but unfortunately, many of them simply charge you to complete and download the forms you can already download for free from the website mentioned above. I strongly recommend that, even if you start the dissolution process yourself, you take advice from a solicitor on the D13 form so that you can dispense with service quickly and easily. A solicitor will know the kinds of things you need to put down to satisfy the court you’ve done all you can.

    I wish you the best of luck James and if you do need a hand with any aspect of the dissolution process, don’t hesitate to call us, or any other solicitor. If cost is an issue, you may wish to speak with your local Citizens Advice Bureau or contact the Personal Support Unit at a local court. They can’t give you legal advice in the same way a lawyer can, but they can help with forms and procedures.

    Back to legal clinic

     

  • LEGAL CLINIC | Do I have rights to a house I’ve paid into but is not in my name?

    LEGAL CLINIC | Do I have rights to a house I’ve paid into but is not in my name?

    This week a reader asks whether if he’ll have rights to a house that he’s paid into along with his husband, once their civil partnership has been dissolved. A solicitor from law firm, Grayfords reassures that he does have rights.

    CREDIT: bigstock

    My partner and I have been together since 2001 (civil partnership in 2009). I have decided I would like to dissolve the partnership as our relationship has entirely broken down. We own a house together which I moved into in 2004 and have since paid half of the mortgage payments, though it is in his name. Will I have rights over this property and can you tell me what your experience is of dealing with the breakdown of same-sex partnerships?

    Thank you for your question. I expect it’s one that a lot of people have had at some point, either about their own relationship or that of a friend or family member.

    First of all, a word on terminology and some reassurance. Marriages are divorced and civil partnerships are dissolved. But other than that, the process is largely the same and, I’m pleased to say, your financial and property rights are identical.  Please don’t panic: the fact that the house is in your partner’s name does not mean you’re left high and dry. By virtue of your civil partnership, you automatically have property rights. Any settlement you reach should be based largely on what a court would do if it was considering your case and the starting point for a court would be a 50:50 split of capital assets (so property, pensions, savings).

    A court would then consider the needs and resources of both parties, taking into account all the circumstances of the case.  This might cause the court to award one person more than 50% of the value of an asset. Are both of you working so you could afford payments on two new, separate, mortgages, are there any disabilities or illnesses to consider that might mean one person needs a bigger share, does one person’s pension remain intact because if so they might not get such a big share of a property?

    These are the sorts of questions a court would ask. Financial cases have so many factors that it’s hard to give you an idea exactly what you might be entitled to without knowing more detail. I suggest you try and book an appointment with a solicitor, either on a paid basis or a free initial appointment which some offer.

    After even a brief chat we could give you a clearer idea where you stand. Until then though, you can be confident that you do have rights in your property and that with a solicitor’s help you can secure your financial future.

    Having worked in family law for the a number of years, I’ve dealt with a good many cases involving same-sex couples. By and large, the concerns of same sex partners when they break up are the same as those of heterosexual partners – finances, property and, in many cases, access to children.