gay couple separation
 

We came here together under the UK Civil Partnership 3 years ago.

Now we want to separate. Is there a simple and cheap way to handle it? We have agreed on all matters by ourselves. We have paid a lawyer for the initial consultation ($50 + tax) and were quoted $1500 for a separation agreement drafted, $600 for each of us to go through each cause by two different laywers and $150 for a quit claim. That is already a 25% discount. Is it a reasonable charge?

I don't understand that we have already agreed everything, why can't it just simply be a standard form to fill in and signed and notarized.

I found this online form which would cost $249. It is claimed valid and would send it to the court. I am not sure if it is the complicated way to do.

Thanks for the help in advance.

Re: gay couple separation
 

You are paying to ensure any agreement is watertight should the other party change their mind after the fact... One size fits all forms might work for a very simple agreement, but its probably worth paying a bit more now to avoid the potential to pay a lot more later on.

Re: gay couple separation
 

If we put down all the clauses and sign and notarized by a lawyer, wouldn't it be enough?

Re: gay couple separation
 

Which Province are you in and what is it you are trying to achieve? As you are not married, I fail to see why you would need to involve the Court as you are not looking for a divorce.

Re: gay couple separation
 

Knowing which province would help. (NS?)

DIY dissolution of a civil union, with no children involved, both parties in agreement, could be fairly straightforward, & does not necessarily require a lawyer.

S

Re: gay couple separation
 

Yes, NS. That is what I thought. It is just straightforward. We have agreed on everything. So it should be just simple to get a separation agreement and sign it. Does it need to be witnessed by a lawyer?

Re: gay couple separation
 

It is identical to non married hetero couples splitting up, unless the particular Province has legislation providing that "property" of non married couples is to be divided along the same lines as married couples. Not all Provinces do.

In Alberta, unless there were issues regarding children, interdependent partner support issues and/or complicated trust issues regarding property, I would simply advise them to go their separate ways.

No need to use a lawyer.

Re: gay couple separation
 

I know absolutely nothing about NS law, & google ain't helping.

However, from what I understand, you could/should go to the courthouse, tell them the situation, & ask how to have your agreement officially recognised.

N.B. In my province, a notarised agreement re civil union/civil union dissolution has legal weight, but needs to be ratified by a judge (in court) to be finalised. One can do this without a lawyer, but case/documents have to be presented in a certain format.

S

Re: gay couple separation
 

Err, not too sure about that ... but willing to be corrected.

Civil unions/partnerships/same-sex marriages are now legally recognised in many jurisdictions. The dissolution thereof too.

S

Re: gay couple separation
 

Curiosity... what if one wanted to enter into a new civil partnership, would the old one have to be formally ended somehow, or is it just a case of going your separate ways and signing a new CP with the new partner?

Re: gay couple separation
 

Yes.

S

Re: gay couple separation
 

In BC, live 2 years in sin, and you're in. Same rights as a married couple under BC legislation (sexual orientation is irrelevant).

My read of the OP's facts was that they have a civil union in The UK. Q: Do they have this recognised by the province of NS? If not, I believe AC is relating their situation to the legal status of all other non-married couples (province dependent of course).

Re: gay couple separation
 

http://en.wikipedia.org/wiki/Domestic_partnership_in_Nova_Scotia

Re: gay couple separation
 

I just called the office of Vital Statistics. We just need to file proof (a photocopy of the Separation Agreement) to the office to formalize it.

Re: gay couple separation
 

I talked to 4 family lawyers. Two of them know the equivalent relationship in Canada. It is equivalent to Common-law Civil Union.