The options are very similar to divorce, except that it will not be possible to have a lifetime periodical payments order – maintenance – as a married spouse might obtain.
The options:
- periodical payments for a limited period of time – ie, for a “term” of years or months;
- secured periodical payments on a term basis;
- a lump sum payment or payments;
- periodical payments for the benefit of a child;
- secured periodical payments for the benefit of a child;
- lump sum payment or payments for the benefit of a child;
- property adjustment order, which can be to the other civil partner, to a child of the family, or to a third party for the benefit of a child of the family;
- settlement of property;
- order for sale of property;
- pension sharing.
The court should have regard to all the circumstances of the case with first consideration to the welfare of any child of the family under the age of 18. This includes:
- income earning capacity, property and other financial resources, which either civil partner has or is likely to have in the foreseeable future, including any increase in earning capacity which would in the opinion of the court be reasonable to expect a civil partner to take steps to acquire;
- needs, obligations and responsibilities;
- standard of living before the breakdown of the civil partnership;
- age and duration of the civil partnership;
- physical or mental disability;
- contributions, including any contribution by looking after the home or caring for the family;
- conduct – if it would be inequitable to disregard it; and
- in proceedings of dissolution or nullity, the value to each civil partner of any benefit which, by reason of the dissolution or annulment of the civil partnership, that civil partner will lose the chance of acquiring.
Emphasis should be placed upon the fact that particular matters will need to be taken into account when exercising powers relating to the children, to include:
- the needs of the child;
- income earning capacity, property and other financial resources of the child;
- physical or mental disability of the child; and
- the way in which the child was being, and the way in which the civil partners expected the child to be, educated or trained.
These provisions effectively bring together section 25 of the Matrimonial Causes Act and schedule 1 of the Children Act. In many ways, therefore, the same criteria in terms of case law will be applied to relationship breakdown.
If we are now in a society where there is no discrimination between the sexes, ie, husband and wife, how can there be discrimination between same-sex couples? Discrimination on grounds of sexual orientation is unlawful.
Article 14 of the European Convention on Human Rights prevents discrimination on the grounds of sexual orientation in the absence of compelling and proportionate justification.