CIVIL PARTNERS

Where a separating couple have entered into a civil partnership, the Court has a fairly wide discretion to adjust the ownership of assets and liabilities between the parties with a view to providing a fair division.

A variety of orders are available to the the Court eg:

• Maintenance
• Payments of a lump sum
• Transfer of a Property
• Order relating to the sharing of Pension provision  

In addition the Court can make orders relating to the financial provision for children in certain circumstances where the child support agency cannot make a full assessment.

If you are able to reach agreement as to the terms of the financial settlement these can be set out in a consent order which a Judge is asked to approve on the basis of some evidence regarding your respective financial circumstances. 

If appropriate, a clean-break order can be made which means that neither of you will be able to seek financial provision from the other, either during your joint lifetimes or upon the death of the other.

COHABITANTS

For a couple who co-habit the Court has less discretion to adjust ownership of assets and liabilities and is bound by different criteria on which to base its decision.

In the absence of evidence to the contrary an asset held in joint names is held equally and an asset held in one person's name belongs to them.