DIVORCE and what rights do gay people have.

[seanamarts 1,034]

My daughter has just left her partner, even though both are now in a relationship my daughters ex partner wants her to pay maintenance because she was the one who left the relationship, even though my daughters ex partner is very much older than her and her ex partner earns at least 3 times more than my daughter. she also wants to sue my daughter for adultery even though the ex partner has admitted to seeing some one else.

My daughters ex partner was in a lot of debt before they got married, does she have to pay for this debt or is she responsible for the debt that was incurred before they were married. they had bought a flat together and my daughter is not making any claims to the flat. basically my daughter walked away with just a few belongings. everything that they bought together ie furnishing and such like my daughter has left with her ex partner.

my daughter did not leave for anyone else but left because of unreasonable behavior.

Does any one know about any of the questions asked. my daughter is frantic with worry

[PKea 185]

Hi there

Sorry, I might be missing the point here.

 

Is this relating to child maintenance or the flat maintenance?

 

Paul

[Bookworm 4,202]

Right, this is what I can find:

 

DISSOLVING A CIVIL PARTNERSHIP

 

 

How will dissolution proceedings work?

Registering as civil partners is a serious commitment, because a civil partnership ends only on formal dissolution or annulment, or on the death of one of the parties.

 

 

The process for dissolution will be court-based. The person applying for the partnership to be dissolved will have to provide evidence that the civil partnership has broken down irretrievably.

 

The dissolution process will begin with an application to the court in the form required by the court rules for civil partnership proceedings.

 

In order to prove irretrievable breakdown it will be necessary to provide evidence of one or more of the following facts to support the application for dissolution:

• Unreasonable behaviour, that is behaviour such that the applicant cannot reasonably be expected to live with their civil partner:
  
• Separation for two years, where the other civil partner consents to a dissolution order being made;
  
• Separation for five years, where the other civil partner does not consent to a dissolution order being made;
  
• That the other civil partner has deserted the applicant for a period of two years prior to the application.

The court will be required to inquire as far as is possible into the facts alleged by the applicant and into any facts alleged by their civil partner. If the court is satisfied on the evidence that the civil partnership has broken down irretrievably, a dissolution order can be granted.

 

I am pretty sure you can't be sued for adultery anymore in this country, and in any case, because it is a civil partnership, and NOT marriage, I don't think adultery would be recognised anyway, so I think she is pretty safe from that point of view.

 

Debt: No, your daughter is not responsible for her ex's debt. She may however still be responsible for part of the payments on the flat if they are co-mortgagees. Walking away is not enough to exonerate from her obligations there.

 

Maintenance:

 

Ending a civil partnership

A civil partnership can only be ended by death, dissolution or annulment.

Dissolution is a court-based process and as with marriage you will need to talk

to a solicitor if you want to dissolve your civil partnership, though you cannot

dissolve it less than a year after it is formed.

The grounds for dissolving a civil partnership are:

-Unreasonable behaviour;

-2 years separation (with consent);

-5 years separation (without consent);

-One partner has deserted the other for 2 years.

Annulment only applies in specific situations, for example where one of the

couple did not validly consent to the civil partnership.

The courts will have the power to make provision for the division of property upon separation, the maintenance of either civil partner, and residence and contact with any children on the civil partnership and the maintenance of the child.

 

However, I suspect that maintenance, like in a marriage, will be decided on the grounds of income, etc...

 

It sounds to me as if the ex is lashing out in all directions in order to upset and worry your daughter, and succeeding.

 

Just found this:

 

Fyne Times Gay and ? Magazine, UK

 

That pretty much seems to cover all of your daughter's questions, actually.

 

{{HUGS}} to her from me, a break-up is never easy, regardless of gender and inclinations.

[seanamarts 1,034]

Thank you so much for this information, fortunate for my daughter that she was not allowed because of her age at the time (i think) that she wasnt on the mortgage, she just paid towards it, this was her main worry that she had to still pay for her ex partners debts and the mortgage. I will pass this information to her. she will be very please. once again thank you

[moneyhelp 986]

Sorry to hear this.

 

This may also be a good place to search for advice Stonewall - Welcome to Stonewall

 

Best wishes.