Dissolution of a Civil Partnership: All You Need To Know

If you are in a civil partnership and are considering ending the relationship, it is important to have a clear understanding of the legal requirements, process, and costs involved.

The dissolution of a civil partnership can be a complex and emotional process, and it is essential to seek legal advice and explore your options for resolving financial matters and disputes.

In this article, we will guide you through the dissolution of a civil partnership. We will also explore the alternatives to dissolution and provide tips on resolving financial matters.

Whether you are looking to dissolve a civil partnership or have already started the process, this article will provide you with all the information you need to know to navigate the process smoothly.

If you are in a civil partnership and are considering ending the relationship, our expert family law solicitors will be able to provide expert advice and assistance. Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book a free initial consultation.

Dissolution of a civil partnership: What is a civil partnership?

A civil partnership is a legal relationship between two people of the same sex or opposite sex in the UK. It provides similar legal recognition and rights as marriage, including inheritance rights, tax benefits, and the ability to make medical decisions for each other.

However, there are some differences between civil partnership and marriage, such as the availability to both same-sex and opposite-sex couples, the cultural significance and the grounds for dissolution.

What is the difference between marriage and a civil partnership?

Although there are many similarities between marriage and civil partnership, there are also some differences. One of the main differences is that marriage is available to both same-sex and opposite-sex couples, while a civil partnership has only been available to both same-sex and opposite-sex couples since 2019, when opposite-sex couples could also register a civil partnership in the UK.

There are also a difference in the legal rights and responsibilities that come with marriage and civil partnership. Spouses can legally annul a marriage if it was not consummated, whereas a civil partnership can only be dissolved on the grounds of irretrievable breakdown.

However, there are also many similarities between marriage and civil partnership. Both provide legal recognition of a committed relationship, including inheritance rights, tax benefits, and the ability to make medical decisions for each other. Both also require a formal registration process, and the dissolution of the relationship must be done through a legal process.

What is the process for the dissolution of a civil partnership in England and Wales?

To dissolve a civil partnership in England and Wales, you must have been in the partnership for at least one year. The process of dissolution of a civil partnership involves several steps, and it is important to understand the legal requirements and timelines involved.

Applying to dissolve the civil partnership

The first step in the process is to apply to the Court for a dissolution. You will need to provide confirmation that your relationship has broken down irretrievably.

The application can be submitted as a sole application or a joint application with the party you are applying to dissolve your civil partnership with. You will also need to provide your civil partnership certificate and a fee for the application. The current fee for a dissolution application is £612, but this may change over time.

Once the Court receives your application, it will send a copy to your partner, who has the 14 days to acknowledge service of the application. They can only challenge the application on the basis that the Court does not have jurisdiction to deal with the application in England and Wales, that the civil partnership was not ever valid, or that the civil partnership has already been legally dissolved.

Applying for a conditional order

Once your partner’s acknowledgment of service is received by the Court, this starts off the 20 week waiting period after which you can apply for a conditional order. The conditional order will be provided once pronounced by the Court. This does not formally dissolve the civil partnership.

Applying for a final order

You can then apply for a final order to dissolve your civil partnership legally 6 weeks and 1 day after pronouncement of your conditional order. The making of the final order by the Court means that your civil partnership is ended legally.

Finalising the dissolution of the civil partnership

It is important to note that you should not finalise the dissolution of a civil partnership until all financial matters are resolved. This includes dividing shared assets, such as property and savings, and establishing separate financial arrangements. If you have children, you will also need to agree on child arrangements, including custody and visitation rights.

If you and your partner cannot agree on financial or child arrangements, you may need to apply to the Court for a financial order or child arrangement order. This involves a Court hearing, and a judge will make a decision based on the evidence presented by both parties.

What is a Conditional Order?

A conditional order is a legal document issued by the Court during the dissolution of a civil partnership. It confirms that the Court has accepted your application for dissolution and that you can legally end your civil partnership. However, the order is conditional because you must wait for a further six weeks and one day before applying for a final order.

During the six-week waiting period, either you or your partner can change your mind and withdraw the application. Additionally, your partner can challenge the dissolution if they believe that the relationship has not irretrievably broken down.

If there are no objections or challenges, you can apply for a final order after the six-week waiting period. The final order legally dissolves the civil partnership, and you are no longer considered to be in a legally recognised relationship.

It is important to note that the conditional order does not finalise the dissolution, and you cannot remarry or enter into a new civil partnership until the final order is issued.

If you and your partner cannot agree on financial arrangements, you may need to apply to the Court for a financial order. A financial order sets out the division of property, assets, and liabilities, and it’s essential to seek legal advice to ensure that you receive a fair settlement.

How long does it take to dissolve a civil partnership?

The time it takes for dissolution of a civil partnership in the UK can vary depending on a range of factors. However, the dissolution process typically takes between six to eight months from the date of application to the final order.

The length of time can vary depending on several factors, including the complexity of the case, the number of financial disputes, and the level of cooperation between you and your partner. If there are disputes over financial matters, it can take longer to resolve these issues and finalise the dissolution.

It is important to note that the Court will not finalise the dissolution of a civil partnership until all financial matters are resolved. This can add to the overall length of time it takes to dissolve a civil partnership. However, you can speed up the process by reaching an agreement with your partner on financial matters before submitting your application for dissolution.

If there are no objections or challenges during the six-week waiting period after the conditional order is issued, you can apply for a final order. The final order legally dissolves the civil partnership, and you are no longer considered to be in a legally recognised relationship.

It is essential to seek legal advice throughout the process of dissolving your civil partnership to ensure that your rights are protected, and all legal requirements are met. Additionally, if you have children, you will need to agree on child arrangements, including custody and visitation rights. If you cannot agree, you may need to apply to the Court for a child arrangement order, which can add to the overall length of time it takes to dissolve your civil partnership.

Are there any alternatives to dissolution?

If you and your partner are considering ending your civil partnership, there are alternatives to dissolution that you may wish to explore. These alternatives can be less confrontational and more cost-effective than going to Court.

Mediation

One alternative is mediation, which involves a neutral third-party mediator helping you and your partner to reach an agreement on financial and child arrangements. Mediation is a voluntary process, and the mediator does not make decisions for you. Instead, they help you and your partner to communicate effectively and find a mutually acceptable solution.

Mediation can be a more cost-effective and less confrontational way of resolving disputes. It can also help to preserve a positive relationship between you and your partner, which is particularly important if you have children together.

Separation Agreement

Another alternative is to enter into a separation agreement. A separation agreement is a legal document that sets out the terms of your separation, including financial arrangements, without legally dissolving the civil partnership. This can be useful if you and your partner are not ready to dissolve your civil partnership but wish to live separately.

A separation agreement can provide clarity and certainty about your financial arrangements and reduce the likelihood of disputes in the future. However, it is important to note that a separation agreement is not legally binding in the same way as a Court order. It can be challenged in the future, particularly if circumstances change significantly.

How do I resolve financial matters following the dissolution of a civil partnership?

The first step in resolving financial matters is to agree on the division of property, assets, and liabilities. This includes any joint bank accounts, investments, pensions, and property. If you and your partner cannot agree on the division of assets, you may need to apply to the Court for a financial order.

A financial order is a legally binding agreement that sets out how your assets and liabilities will be divided. The Court will consider a range of factors, including the length of the relationship, the contributions each partner has made, and the financial needs of each partner. It is important to provide evidence of your contributions to the relationship, such as financial contributions or care for children.

In addition to dividing assets and liabilities, you may also need to consider spousal maintenance. This is financial support paid by one partner to the other after the dissolution of the civil partnership. The Court will consider factors such as the income and earning potential of each partner and the standard of living during the relationship.

How much does a civil partnership dissolution cost?

The cost of dissolution of a civil partnership in England and Wales can vary depending on a range of factors, including the complexity of the case and whether you choose to use a solicitor. However, there are several standard fees and charges that you should be aware of.

The current fee for submitting an application for dissolution of a civil partnership is £612. This fee is payable when you submit your application to the Court, and it covers the cost of processing your application and issuing a conditional order.

In addition to the application fee, you may need to pay for legal advice and representation. The cost of a solicitor can vary depending on their experience and location, but it is essential to seek legal advice to ensure that your rights are protected and that you receive a fair settlement.

If you and your partner cannot agree on financial or child arrangements, you may need to apply to the Court for a financial order or child arrangement order. There are additional fees for these applications, which can range from £232 to £365, depending on the complexity of the case.

It is important to note that the costs of dissolving a civil partnership can add up quickly, particularly if there are disputes over financial or child arrangements. However, there are ways to keep costs down, such as reaching an agreement with your partner on financial matters before submitting your application and using mediation to resolve disputes.

How Elite Law Solicitors can help

If you are looking to dissolve a civil partnership, you will more likely than not have 1,000 questions running through your mind. Is it the right decision? Has it really come to this? How will I protect the interests of my children?

At Elite Law Solicitors, we have helped hundreds of clients overcome these and many other questions and will use our expertise in family law to help you do the same.

As highly qualified and experienced family lawyers, our team are fully informed on the laws surrounding the dissolution of a civil partnership. We can support you with the process and provide guidance on the best course of action for your circumstances.

For help with dissolution of a civil partnership, get in touch with one of our experienced Family Law Solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.

The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified Family Law Solicitors such as those within our firm.