Civil partnership barristers for dissolution and finances.
Counsel for civil partners on dissolution, the financial settlement, pensions, children and agreements, instructed directly under Public Access or through your solicitor.
The Civil Partnership Act 2004 gives civil partners the same legal protection as married couples. When a civil partnership ends, the court has full powers to divide property, share pensions, order maintenance and make a clean break, applying the same principles of sharing, needs and compensation used on divorce.
Civil partnerships have been open to opposite sex couples since December 2019, and many couples choose them as a modern alternative to marriage. Dissolution is now no fault, under the Divorce, Dissolution and Separation Act 2020, so the real work lies in the financial settlement and any arrangements for children.
Clerk&Counsel introduces independent family barristers who advise and appear in civil partnership cases throughout England and Wales. Every fee is agreed in writing before work starts.
Dissolution and the financial remedy
The dissolution application is made online by one or both partners. After twenty weeks a conditional order can be applied for, and six weeks later the final order. It is usually sensible not to apply for the final order until the financial settlement is agreed or ordered.
The financial side follows the Financial Remedies Court process: Form A, exchange of financial disclosure on Form E, a First Appointment, a Financial Dispute Resolution hearing where a judge gives an indication, and a final hearing if agreement is not reached. Private FDRs and arbitration are increasingly used to avoid delay.
Where the couple lived together before forming the partnership, the court may treat the whole relationship as relevant. That can make a substantial difference to how pensions, property and savings are shared.
Common civil partnership instructions
- No fault dissolution and jurisdiction issues
- Financial remedy from Form A to final hearing
- Pension sharing, including public sector schemes
- Pre and post partnership agreements
- Child arrangements and parental responsibility
- Children born through surrogacy or donor conception
- Partnerships formed overseas and foreign assets
- Private FDRs and family arbitration
Pre and post partnership agreements
Agreements made before or during a civil partnership are not automatically binding, but following Radmacher v Granatino the court will give effect to an agreement freely entered into with full understanding of its implications, unless it would be unfair in the circumstances.
Counsel can advise on the terms of a proposed agreement, and on the weight an existing agreement is likely to carry if the partnership ends.
What it costs to instruct counsel
Every fee is fixed and agreed in writing before work begins. Written advice typically costs between £750 and £2,000 plus VAT depending on the volume of papers and the complexity of the issues.
Court attendance is where most of the cost lies. In most cases you should expect at least £1,000 for counsel to attend a hearing, with longer or contested hearings priced per day once the evidence and bundle are known. Hourly rates are available for ongoing advisory work, but most clients prefer the certainty of fixed fees for each stage.
It is free to send Clerk&Counsel an enquiry. If you instruct a barrister through us, a Clerk&Counsel service fee of up to £150, depending on urgency, applies and is shown separately from the barrister's professional fee before you decide.
Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through us are independent practitioners regulated by the Bar Standards Board and are responsible for the legal services they provide.
Specialist areas within this practice.
- Civil Partnership Barristers Leeds
Counsel for civil partnership cases in Leeds and West Yorkshire.
- Civil Partnership Barristers Manchester
Counsel for civil partnership cases in Manchester and Greater Manchester.
- Civil Partnership Barristers Liverpool
Counsel for civil partnership cases in Liverpool and Merseyside.
- Civil Partnership Barristers Newcastle
Counsel for civil partnership cases in Newcastle and Tyne and Wear and the North East.
- Civil Partnership Barristers Sheffield
Counsel for civil partnership cases in Sheffield and South Yorkshire.
- Civil Partnership Barristers York
Counsel for civil partnership cases in York and North Yorkshire.
- Civil Partnership Barristers Hull
Counsel for civil partnership cases in Hull and East Yorkshire and the Humber.
- Civil Partnership Barristers Preston
Counsel for civil partnership cases in Preston and Lancashire and Cumbria.
Need civil partnership counsel?
Send us a short summary. We will come back with suitable barristers and fixed fee quotes.
Common questions.
Is dissolving a civil partnership the same as divorce?
The process and the court's financial powers are essentially the same. Only the terminology differs.
Can opposite sex couples have civil partnerships?
Yes, since December 2019.
Will my pension be shared?
It may be. Pensions are treated in the same way as on divorce and are often one of the most valuable assets.
Does time living together before the partnership count?
It can, where cohabitation moved seamlessly into the partnership.
Can I instruct a barrister directly?
Yes, under Public Access where the case is suitable.