Dissolving A Civil Partnership

In essence, the legal process of dissolving a civil partnership is virtually identical to that of filing for divorce and can have a major emotional and financial impact on all family members.

If you are having problems in your partnership, you should first consider whether these difficulties could be resolved with the help of a trained relationship counsellor. Organisations such as Relate could help you.

If you do decide to dissolve your partnership, we will be able to advise and guide you through the process.  We will outline your options at every stage and give you the information to make your own decisions. 

The process for dissolution of civil partnership is the same as for divorce.  The only exception is adultery which is a specific legal term relating to heterosexual sex and which cannot therefore be used as grounds for dissolving a civil partnership. If your partner is unfaithful the grounds for dissolution would instead be unreasonable behaviour.

Reasons For An Application For Dissolution
To dissolve a civil partnership in England and Wales, you need to show that you have been civil partners for more than a year and that the partnership has broken down.

The partnership must have broken down for one of these reasons: 
Your civil partner has behaved in such a way that you cannot reasonably be expected to live together. 
You have been separated for two years and your civil partner agrees to dissolution. 
You have been separated for five years. 
Your civil partner deserted you more than two years ago.

The reason for the breakdown of the partnership forms the basis of the dissolution application, known as the 'petition'.  If more than one of the above reasons applies, we will advise on which is most suitable to your circumstances and what additional information the court needs.  If the petition is based on the behaviour of your partner, you will need to give some limited examples of their behaviour and how it has affected you.

These details (known as 'particulars') can be agreed with your partner in advance, to avoid increasing any conflict between you both.  If you carry on living together for more than six months after the last act of unreasonable behaviour then you cannot get a dissolution based on this.  Similarly, a period of separation is discounted if you live together again for a period of six months.

The Process 
The petition is sent to court. 
A copy is sent to your partner.
Your partner completes an Acknowledgment of Service. 
If undefended, you sign a statement confirming details are true. 
Judge considers all the papers and decides if you are entitled to dissolve the partnership.
The Court sets date for pronouncement of Decree Nisi. 
6 weeks and 1 day after decree nisi you can apply for Decree Absolute.

The time it takes to dissolve a civil partnership will vary according to the complexity of each case and the practice of the particular court.  Even the most straightforward cases will take between 4 and 6 months.

If you decide to dissolve your partnership then it can also be a good time to consider making a will.

Contact us to discuss any questions that you may have about  dissolving your civil partnership.