Civil Partnership

Civil Partnership

The process by which one ends a civil partnership is called a ‘dissolution’.

In order to end civil partnership, you are required to do three things:

  • Apply for a ‘dissolution order’;
  • Provide proof that your relationship is irretrievably broken and;
  • Agree with your partner on how to solve financial and practical issues.

How do you apply for a dissolution order?

Before you apply for a dissolution order, you must have been in your civil partnership for at least a year.

In order to dissolve a civil partnership, you must satisfy the grounds for dissolution. These grounds are that the civil partnership must have ‘broken down irretrievably’. To prove this, you must establish one or more of the following facts:

  • Unreasonable Behaviour: Your civil partner has behaved in such a way that you cannot reasonably be expected to live with them;
  • Desertion: Your civil partner has left you and you haven’t been in a relationship with them for continuous period of at least two years;
  • 2 Year Separation by Consent: Your civil partner has left you and you haven’t been in a relationship for a continuous period of at least two years and your partner consents to the dissolution being granted;
  • 5 Year Separation: You and your civil partner have lived apart for a continuous period of at least 5 years.

If you satisfy the grounds for a dissolution order, one can begin the dissolution process by submitting a dissolution petition to the court. The court will then issue the petition and send a copy to your civil partner.

Your civil partner will be required to fill in an acknowledgement of service, to confirm they have received the petition.

What if my civil partner doesn’t comply?

If your civil partner agrees to the dissolution, it’s named an ‘undefended dissolution’.

If your civil partner does not agree, it’s named a ‘defended or contested dissolution’. In this case, the respondent has a further 21 days to provide the Court with an answer.

The procedure for a dissolution of a civil partnership, involves two stages:

  1. Conditional Offer

If all the documents are approved, the court will send out a certificate of entitlement to a dissolution.

  1. Final Order

Six weeks after the date of the conditional offer, you can apply for the ‘final order’. This is the legal document that ends the civil partnership. If you fail to apply after three months, your civil partner can apply.

Child Arrangements

The parties involved must decide who will care for the children.

If there is difficulty in reaching an agreement, our solicitors provide an excellent mediation service. This will aid you and your civil partner in reaching a conclusion.

If a conclusion cannot be reached, the court is able to make a decision on behalf of the parties.

Financial Arrangements

Any financial arrangements involving children or otherwise, must also be decided upon.

Similarity to child arrangements, you can use the help of a mediator or a court order.