Civil Partnership Dissolution
At Consilia Legal, we have a team of specialist family solicitors who are experts in the field of separation.
We understand the difficulties that a relationship breakdown can cause. Our aim is to work with you to achieve the best outcome for you and your family in the most pragmatic and cost-effective manner.
There is only one ground for civil partnership dissolution which is that your civil partnership has irretrievably broken down.
In order to establish irretrievable breakdown you have to prove one of the following 4 facts:-
- Your civil partner has behaved in such a way that you cannot reasonably be expected to live with them.
- You have been separated for a period of two years and you each consent to a dissolution.
- You have been separated for a period of five years or more.
The dissolution process is a paper-based procedure and you should not need to attend at Court unless the process is defended by your civil partner or there are issues as to whom should bear the costs of the dissolution.
The process tends to take an average of 6 months for undefended dissolution proceedings depending upon how quickly the other party responds and the speed at which the Court deals with the paperwork.
The Dissolution Process
The person who starts the divorce/dissolution proceedings is known as the “Applicant/Petitioner” and their spouse/civil partner is known as the “Respondent”.
The person who starts the dissolution proceedings is known as the “Applicant/Petitioner” and their civil partner is known as the “Respondent”.
1. The Petitioner will complete a Dissolution Petition. Within the petition, the Petitioner will cite one of the followings facts to establish that the civil partnership has irretrievably broken down:-
a. Your civil partner has behaved in such a way that you cannot reasonably be expected to live with them;
b. You have been separated for a period of two years and you each consent to a dissolution;
d. You have been separated for a period of five years or more.
The Petitioner will send the petition with the Court fee of £550 and their original civil partnership certificate to their local Family Court. You can find your local Court at https://courttribunalfinder.service.gov.uk;
2. The Court will send a copy of the petition to the Respondent together with the Acknowledgment of Service form. The Respondent is to return this form to confirm whether he/she intends to defend the proceedings and whether who pays for the dissolution is agreed;
3. The Petitioner will then file two documents with the Court; a Statement in Support of the Dissolution Petition and the Application for the Conditional Order;
4. If the Court is satisfied that the Petitioner is entitled to dissolution and the proceedings and/or costs are not defended the Court will pronounce a date for Conditional Order – the first ruling to dissolve the civil partnership;
5. The Petitioner can file the Application for Final Order no earlier than 6 weeks and 1 day after the Conditional Order. The Court will then send both parties a sealed copy of the Final Order. This brings the civil partnership to an end.
The act of dissolving a civil partnership, however, does not deal with financial or child-related issues and specialist advice is needed to ensure that you are fully informed as to your legal rights and obligations. For more information see our pages on Finances & Children.