To formalise the end of the relationship, former partners must carry out certain formalities and divide up their assets.
When the partners agree on the separation, all they have to do is complete and sign the Cerfa 15429*01 form jointly, which they then send to the notary or district court depending on where they registered their civil partnership. In the event of disagreement, the person who takes the initiative to terminate, must task a bailiff with notifying the former partner of the separation and then the notary or the district court. The dissolution of the civil partnership will be indicated in the margin of the birth certificate of each partner.
Some precautions to take
If the partners held a joint account it is advisable to close it, or in the event of disagreement, to request disassociation from this account with the bank.
It is also worth looking into any existing will and/or life insurance contracts in order to modify the provisions drafted for the benefit of the former partner.
As for tax matters, in the year of dissolution, each person completes their income tax return while indicating, depending on the situation, a share of common income (such as income from property via real estate acquired together).
The division of assets
When civil partnerships first came into being, the law stipulated that the assets of the partners composed a common manna belonging to both, unless indicated otherwise. The law of 23 June 2006 changed this situation. Since 1 January 2007, the separation of assets is the rule, and indivision an exception.
- This rule has the advantage of simplifying asset allocation, since everyone reclaims their own assets. In the event of disagreement, it will be necessary to provide proof of ownership.
- When there are undivided assets, each partner is deemed to hold half. Either the couple agrees to divide the assets as they wish, or they will be sold in order to share the sum raised.
If the partners have jointly purchased their home, each one must recoup their share in proportion to what they have financed. Again, it is necessary to be able to prove it.
If there are children, former partners can draw up an agreement between them which will determine matters such as the children’s residence. For this agreement to be enforceable, they will have to get it approved by the family court judge.
Decree no. 2006-1806 of 23 December 2006 on the declaration, amendment, dissolution and publicity of civil partnerships
Decree no. 2012-966 of 20 August 2012 on the registration of the declaration, modification and dissolution of civil partnerships formally recorded by a notary.