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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
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I am in a civil partnership, since 11 May 2013 , my partner

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I am in a civil partnership, since 11 May 2013 , my partner is from Poland and has a child aged 8years who has lived with us ( although I have not adopted him ) our relationship has detariorated since 2014 and is now intolerable. We do not own our accommodation and have little furniture, neither of us have savings, we both work full time. Can you tel me what my financial obligations would be if we officially dissolve our civil partnership
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thanks for your question. Under the law of Scotland, civil partners have the same claims for financial provision as married couples and the law is contained in the Family Law (Scotland) Act 1985 as amended. However, from what you say there would be no assets to be divided other than some furniture. If you earn much the same as each other there would be no maintenance to be paid either. If one does earn more than the other there may have to be some maintenance paid. As far as the child is concerned, if the child was not accepted into the family as a child of both of you then there would be no maintenance payable for him either. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
Hi JGM thank you for your speedy response, the child was from my partners first marriage in Poland and when we had our civil partnership as he was living with her have obviously then lived with us, I have never adopted or made any legal claims regarding him as it was obvious very soon after the civil partnership that it was not working out, so I assume therefore I would not be liable for any child maintenence. We both earn very similar amounts so again I don't think this would be a problem and as for furniture I'm am happy for her to have whatever she wants, we rent our accommodation which I pay for,, what is my position if she refuses to move out. Thanks for you assistance in this unbearable situation
Expert:  JGM replied 1 year ago.
The issue of child maintenance won't apply so you don't have to worry about that. As regards ***** ***** leave, she does have occupancy rights in the house, and unless she chooses to leave voluntarily or if she is being violent or mentally abusive to you (in which case you could seek a court order) then you may have a problem in getting rid of her. There is no easy answer in this type of situation.
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Customer: replied 1 year ago.
Thank you so much for your help, at least I now know where I stand