
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?
It is similar to divorce for married couples. The process involves applying to the court for a dissolution order, which formally ends the legal relationship between the partners.
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 Court that the civil partnership has ‘broken down irretrievably’.
You can apply to end a civil partnership online or by post. It costs £612.
It normally takes at least 6 months.
You’ll be asked for the current address of your civil partner so the court can send them a copy of the application.
Procedural steps are as follows:
- Application to the Court
- AOS – Acknowledgment of Service filed
- Conditional Order application (after 20 weeks from the date the application was issued)
- Final Order ( after 6 weeks from Conditional Order)
Key points about civil partnership dissolution:
- Either partner can apply for dissolution after being in the partnership for at least one year.
- The applicant must demonstrate that the partnership has irretrievably broken down.
- The process involves submitting a dissolution application to the court, serving it on the other partner, and, if uncontested, obtaining a conditional order (formerly called a decree nisi) and then a final order (formerly called a decree absolute).
- Financial arrangements, property, and child arrangements (if applicable) can be addressed as part of the dissolution process.
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:
- Conditional Offer
If all the documents are approved, the court will send out a certificate of entitlement to a dissolution.
- 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.