Danielle be best for you to apply for

Danielle Lewis and Elizabeth Benedicte Liverpool Hope University Law ClinicLiverpool HopeUniversity, Taggart AvenueLiverpool, L16 9JD0151 291 3000  January 16, 2018 Miss Gillian Allen, Miss Allen, 186A Birkenhead RoadBirkenhead, CH47 0NFDear Miss Gillian Allen, Miss Allen, As per to our meeting on the 10th January 2018, we haveconsidered the dissolution of a civil partnership, and how this would affectthe sale of your flat. This is including any effect the division of financesmay have and how this will work out for both you and your ex-partner.  (You need to set herinstructions out in detail here –who is the other party, when they met, when the civil partnership wasentered into, how they split up and when)As you told us, yourself and yourex partner Miss GeorginaTurnerhave been in a relationship for 17 years, and have been in a civil partnershipsince 2006. Additionally, you have been living together since being students in the Halls of Residence inroughly 2000-2001, this will also addto 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 cango to your local family court and request a D8 form for dissolution of a civilpartnership, for yourself this would be Birkenhead County Court and FamilyCourt at 76 Hamilton St, Birkenhead CH41 5EN. There are fourgrounds for dissolution of a civil partnership, as adultery cannot be counteddue to the outdated legal definition, as such these are either unreasonable behavior, separation after two years with both yours and your ex-partners consent, separationafter five years without consent on either yours oryour ex-partners par or finally desertion after two years.

(You need to set outwhat are the grounds for dissolution before you identify which is most suitable)Based on the information you provided it wouldbe best for you to apply for a dissolution based on being separated for twoyears with consent from both of you forthe dissolution. However, this is where it getsslightly it is more complicated as youand your ex-partner have been living together since your separation lastFebruary. You will need to prove that you have lived apart for two years, IinyearsInsome circumstances it is accepted that you have stayed in the same householdbut you must be able to show that you have led separate lives bynot sharing a room together not slept together, doneundertaken any cooking or washing for each other etc. for the other personor you have not shared meals. This is so that you can show you have livedseparate lives. We would also like toadvise youthatyou separate all finances, This will assist in proving that you havelived apart. However, a dissolution cannot be granted until February 2019. If you are unable todemonstrate that you have lived separate lives following your separationpotentially you may have to wait until January 2020 if you were toformally separate now.

You may also choose toreside in separate properties to demonstrate that the separation has takenplace. The cost of adissolution, 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 areboth consenting to the dissolution.   Ifyou are to involve a solicitor there will be additional costs. The process of adissolution starts will filling out the above mentioned form you will then needto send 3 copies to the court, keeping a copy for yourself, you will need toinclude either a cheque addressed to ‘ HMCourts and Tribunals Service’ or a letter requesting to pay on the phone withyour phone number included. You will need to include yourfull name and address, the same for your ex-partner, and your civil partnershipcertificate. This can either be the original document or a copy from a registeroffice. Secondly an ‘ Acknowledgement of Service’will be sent to your ex-partner, Miss Turner, along with her copy of thedivorce/dissolution petition, this will ask them various questions, such as ifthey have received the petition, if they agree with it and if they agree withthe terms.

Often times the other person will be ordered to pay the costs of thedivorce so you should discuss this together before your ex-partner sends theiracknowledgement form until an agreement is made. Then you will need to waituntil you can apply for a final order. You will then need towait nine days to apply for a conditionalorder, usingform D84found at http://formfinder.

hmctsformfinder. justice. gov.

uk/d84-eng. pdf, asstated above you can also ask for this at your local family court. Asthe information youhave given indicates the spilt is mutual you will not need to fill out sectionB of this form, only do so if you want a case management hearing. There areseparate forms available depending on the reason youare requesting a dissolution, for a separation after two years you will needthe D80D formfound at http://formfinder. hmctsformfinder. justice.

gov. uk/d80d-eng. pdf. You will then need to attach your ex-partner’sresponse to the papers and send them to thThiswill be six months  weeks and a day afteryour first application date if you apply for the dissolution. The fee for this is included in the cost you paidupfront.

After this, once the court is content that all procedure has beenfollowed and there is nothing left to be sorted out between finances or custodymatters then a final order will be granted. This means your dissolution iscomplete.  All togetherthe process will take roughly two to three months pending thespeed of when forms are filled out, posted and received. As suchif you begin the process in February 2019 you will be officially dissolved inthe April/May of the same year, or the year after if you beginthe process in 2020. Furthermoreyou wanted to discuss theissue of your finances.  You told us thatyou were earning £22, 876. 00 as a student administrator.  Your ex-partner wasearning between £37, 000.

00 to £40, 000. 00 in her role as a lecturer. Youown 186A Birkenhead Road, CH47 0NF with your ex-partner.  Your ex-partnerpaid 2/3 of the deposit. You undertook dampproofing and decoration at a cost of £1000. 00.

The mortgage owing onthe property is£153, 298. 00 and the property is worth in the in the region of £179, 000. 00 andis currently on the market with Carl Tattler.  Withregards to savings you said you had around £1000. 00 in premium bonds and£1, 000. 00 in Tedbaker shares..

You wereunclear as to whether your ex-partner hadsavings. You did have a credit card with around £2000. 00 onbut admitted that this was mostly your own debt.

Your ex-partner mayhave credit cards but were unclear as to how much. Similarly, youwere aware that you both had pensions but were unclear as to the value.   Youwanted to know whether you had to undergo your CivilPartnership dissolution before you sold yourproperty. Ordinarilywith regards to financeswithin a civil partnership, this is dealt with at the time that parties gothrough their CivilPartnership Dissolution.

The processwhen looking at finances remains the same as it does within DivorceProceedings. The best way to achieve a fairoutcome would be to engage within a process known asfull voluntary disclosure. By this what is meantis that both you and your ex-partner will complete Financial Statements.  This sets out your assets andliabilities.  It also sets out yourrespective income needs.  Before you start tocomplete this documentation, you will need tospeak to your ex-partner to see if she isagreeable in engaging within that process.

If she is in agreement, you would both completeFinancial Statements and agree a date to exchange the same.  You then would go through your ex partner’sfinancial statement closely to look for any irregularities and missinginformation.   Often there can be unexplained sums and missing bankaccounts which need to be clarified.

Anyquestions you then have may need to be put into a questionnaire to goto your ex-partner.  She would do thesame.  Once questionnaires are exchanged, providedall questions are answeredyou will then be able to put forwardan offer. The starting point for any relationship of any significantlength as yours is an equal division of the assets.   Assets include property, savings, pensionsand joint debt.  However, the Court will alsoconsider your respective needs which will look atyour respective incomes and outgoings.

In this case there is a disparity between your incomes.  These are all factorsthat need to be carefully considered when making any offer. If you reach agreement thesame can be put into a Consent Order which would be signed by youboth.  Youwouldsubmit the same with payment of £50 to the,  Court, at thetime of applying for your Final Order in respect of the Civil Partnership Dissolution. If agreement cannotbe reached at this stage, then we will need to refer the matter through tomediation.

Mediation isundertaken by an independent solicitor whose goal is to try to facilitate adiscussion between you and your ex-partner to see if you can reachagreement.  It has many benefits but certainlythe two most important to consider are that of cost, with it beingsignificantly cheaper to resolve than applying to court and it taking less timethan a Court application.  In the eventthat agreement is reached, the same can be put into a Consent Order and be sentto the Court for approval.   It must besaid that any agreement reached is subject to the approval of the court.  In the event that one of you is receiving significantlymore assets than the other you may be asked by the Court to explain why at ashort hearing.  If agreement cannot bereached, then the only other avenue available to you would be to apply to theCourt for an Order.  This is the lastresort and the most costly option.  Wewouldsuggest that you first try to resolvematters via the other methods that we have suggested.

Ultimately if agreementcannot be reached at court, a Final hearing will take place which will thenresult in the judge making an Order that he or she sees fit. If you were to dealwith the finances before you undergo dissolution proceedings this can be doneby the preparation of a document known as a Deed of Separation or SeparationAgreement.  The same deals with allof your finances and how you areto divide the same with the exception of yourpensions.

You can then choose at a laterstage to have this document converted in to a Consent Order and include thenecessary paragraphs with regards to how to divide your pensions.  It is recommended that you seek the assistanceof a solicitor in preparation of thisdocument.  If properly draftedthe agreement is legally enforceable.  In reaching agreementthe process remains the same as above.

In both cases you canhowever choose to make an offer to settle matters with your ex-partner without financialdisclosure.  This however would beagainst advice and if you were to involve a solicitor they arelikely to ask you to sign a disclaimer as there may be assetsyou are unaware about when the agreement is made. To summarize you are able toproceed with a Civil PartnershipDissolution Applicationfor Separation with Consent but willhave to wait until at least February 2019 to apply.

You are able to settle your finances now or in thefuture.  You will not be able to deal with pensionshowever until you finalize the Civil PartnershipDissolution.   Thank you for usingthe Liverpool Hope University Law Clinic, we hope the advice hasbeen satisfactory. In the event thatyouneed 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]

uk.  Thank you for usingthe Liverpool Hope University Law Clinic, We hope the advice has beensatisfactory. Yours Sincerely, Danielle Lewis and Elizabeth Benedicte Liverpool Hope University Law Clinic