Ending A Civil Partnership
If you are contemplating ending a civil partnership, there will be many things to consider as you seek to build new lives separately. While the emotional journey is deeply personal to you, understanding the legal process – known as dissolution – is crucial to help ensure a smooth transition.
‘You can rest-assured that the legal process to end a civil partnership is relatively straightforward, and we will guide you through each step and advise you along the way,’ explains Akash Soni, an accredited mediator and family law solicitor in the family team with Breakthrough family law services. ‘However, it is worthwhile familiarising yourself with the timelines and steps involved so that you know what to expect.’
When can I end my civil partnership?
It is important to note the one-year rule, in that you must have been in a civil partnership for at least one year before you can apply for a dissolution. This is normally not an obstacle, as the majority of civil partnerships do not break down sooner than a year, however there are always exceptions.
If you find yourself in a situation where you have not been in your civil partnership for at least a year but the relationship has broken down, you can seek advice about a legal separation.
What documents are involved and do I need to give any explanations?
To start the process your solicitor will need your original civil partnership certificate but aside from that, it is rare for the court to require any other documents. The dissolution is granted by way of a final order, which confirms that the civil partnership has legally come to an end.
In terms of satisfying the legal requirement to get a dissolution, the only ground for dissolving a civil partnership is that it must have irretrievably broken down. You do not have to prove that anyone is at fault or give reasons for the breakdown of the relationship, and can simply tell your solicitor to tick the box on the form confirming the civil partnership has irretrievably broken down. This, hopefully, helps to simplify the process for you and avoids unnecessary tension and conflict.
How do I get a dissolution?
Your solicitor will apply to the family court for a dissolution of your civil partnership. This can now be done via a sole or joint online application, or alternatively by post, however the digital process is proving to be faster and more efficient overall. In order to apply online your solicitor will register a case on the online court portal and all steps are completed through the portal and notifications are sent out by email (or by post to the other party if you did not provide an email address for them).
It is important to note that there is a court application fee payable. If possible, you should agree to split the cost with your ex-partner, especially in circumstances where you both actively want to get a dissolution.
How long will it take?
It takes on average six months to be granted a dissolution, as there are stages to be completed and progress will depend on how quickly each stage is actioned by you and your ex-partner.
Conditional order
Once a dissolution application is made and accepted by the court, there will be a 20-week reflection period before you are eligible to apply for the conditional order; a court certificate confirming that there is no reason the civil partnership cannot be dissolved.
During this time, you may need to address other aspects of the relationship breakdown, such as agreeing a financial settlement or child and living arrangements.
This timeframe also allows you to change your mind and withdraw any applications if you decide to reconcile.
Final order
Once you have obtained the conditional order, there is a further waiting period of six weeks and one day before you are able to apply for the final order, which is a court document confirming the civil partnership has been dissolved.
It is advisable to double down on sorting out the connected finances during this time to ensure time-sensitive actions are diarised and on track.
What happens next?
It is likely that you will start to address any connected matters alongside the dissolution application. Typically, these will revolve around arrangements for any children from the relationship, such as with which parent they will live and how they will spend time with the other parent. Dealing with the finances and any property can also take time.
If you have not started the process to resolve any associated finances to the civil partnership, it is imperative that you seek specialist advice to deal with financial claims upon obtaining the final order. You must ensure you extinguish all financial claims against one another by way of a court order, otherwise they could remain live indefinitely.
How we can help
Whether you have just come to the realisation that you wish to end your civil partnership, or you are already on your journey to dissolution, it is always a good idea to seek specialist legal advice to ensure you understand the process, and that your objectives can be achieved efficiently.
For further information, please contact [fee earner name] in the family law team on 01494 302588 or email [email protected]. Breakthrough family law has offices in Beaconsfield, Berkhamsted, Harrow & Milton Keynes.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
