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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34107
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello This is a question re setting in motion the mutually

Resolved Question:

Hello

This is a question re setting in motion the mutually agreed dissolution of a civil partnership. I am unsure which grounds for petition I am eligible to make. Ideally, we would both like this to be concluded as quickly and painlessly as possible. (Quick background: we have been in a civil partnership for 6 and a half years; we have already divided our assets and do not have children or share any other commitments or engagements.)
I have left my partner (who now lives and works in Norway) and will not be returning to live with her again in the future. Is this sufficient grounds to invoke desertion for a petition? If so, please could you advise me how I could legally prove this? And indicate a time scale?
Alternatively, the petition would have to be based on 2 year separation. Again, could you advise me how I would be able to legally prove the start date for this period of time?

Many thanks,
Juliet
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - your ex also wishes to end the legal relationship as soon as possible?
When did you separate?
Clare
Customer: replied 3 years ago.

Hi Clare


Yes, she does. I left her yesterday to come back to England.

Expert:  Clare replied 3 years ago.
Hi
How long had you been living in Norway?
Clare
Customer: replied 3 years ago.

We've both been living in Southampton, UK (me since 2000, her since 2001). She's of Norwegian nationality (I'm British and we completed the civil partnership here) and we had planned to move to Norway together on 28 February. We completed the move together and then I told her that I wanted to end the relationship and she agreed to this as the best way forward and I have since moved back here.


She has been working in Norway since May 2012 and travelling back to Southampton at weekends (importantly, this gave her tax breaks in Norway which I don't want to be jeopardized). However, since May 2012, we have basically been living apart.


Hope this helps - many many thanks.

Expert:  Clare replied 3 years ago.
Hi
the only immediate ground that can be used is the Unreasonable Behaviour Ground - the Desertion Ground needs you to have been separated for at least two years
The behaviour does not have to be terrible - just irritating and annoying - and either of you can issue at present
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Many thanks for this Clare - it is very useful.


One further clarification if I may...?


If one of us files on the unreasonable behaviour grounds, is a record of this kept anywhere? We would be filing under the irritating and annoying (!) clause - as opposed to adultery etc - but in any event, I am nervous about how this would be recorded and who would have access to it.


Thanks again!

Expert:  Clare replied 3 years ago.
Hi
No one other than the court and the parties sees it.
The only record is kept at court - and only the parties can request copies in the future
Clare
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