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is there a fault element civil partnership dissolution?

  • 05-05-2014 1:50pm
    #1
    guest2014
    Closed Accounts Posts: 214 ✭✭


    getting different views on this, anyone know if there is a fault element when obtaining a c p dissolution or no fault like in divorce.


Comments

  • #2
    patsypantaloni
    Registered Users, Registered Users 2 Posts: 234 ✭✭patsypantaloni


    Section 110 of the Civil Partnership Act 2010 deals with dissolution of CPs (aka divorce)

    "110.— Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that—
    (a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and
    (b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners."

    There are only 2 requirements in the section in order to get a dissolution: (a) the civil partners have been living apart for 2 of the previous 3 years, and (b) proper provision has been or will be made.

    So there's no fault element in the conditions for dissolution, but that's not to say one civil partner couldn't make allegations around conduct to try to increase/decrease the "proper provision" elements (section 129(2)(i): http://www.irishstatutebook.ie/2010/en/act/pub/0024/print.html)


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