Since 2004 members of the same sex have been able to register a civil partnership in Scotland the legal effect of which is very similar to marriage.
Civil partnerships are treated as being similar in nature to marriage and partners in a civil partnership are entitled to similar (and often identical) rights as spouses in a marriage.
Where a civil partnership has broken down it can be dissolved by the court where: –
- One partner has behaved in such a way as the other partner cannot reasonably be expected to co-habit with that partner;
- Where there has been no continuous cohabitation between the partners for a period of one year and both parties consent to dissolution;
- Where there has been no continuous cohabitation for two years.
The court can grant certain orders regulating the occupancy of the family home including interdict and exclusion orders.
Civil partners are entitled to aliment each other according to their respective financial resources and orders for aliment can be obtained from the court.
Where a civil partnership is being dissolved the assets of that partnership are generally to be shared equally between those partners upon dissolution. The court has the same powers as it would in divorce actions to make orders regulating the use of partnership assets after dissolution including making provision for orders in relation to a partner’s pension, capital sum orders and for the transfer of property.
To contact us for an appointment regarding civil partnerships please call our family lawyer Colette Kerr, based in Glasgow, on 0141 332 0915 or fill out our online enquiry form.