Civil partnerships were introduced in 2004 to allow same-sex couples to legally register their relationship. Dissolving a civil partnership follows a similar process to traditional divorce, where you must prove that the partnership has broken down irretrievably
Current legislation enables same sex couples in civil partnerships to 'register' their relationship and effectively become married in the eyes of law. Civil partnerships were extended to cover heterosexual couples in 2018.
Once registered, a couple gain the same rights as a married couple in terms of tax, inheritance and 'dissolution', which is the equivalent of divorce. This provides each person with a potential claim over the wealth and income of the other.
Following the introduction of No Fault Divorces, there is currently only one ground for civil partnership dissolution. This is the “irretrievable breakdown" of the partnership
You must have been in a civil partnership for more than a year to apply for a dissolution. If you've been in a civil partnership for less than a year, you can't get a dissolution, but you might be able to apply for an Annulment.
The dissolution process starts with the filing of a online dissolution petition, which is completed by the Petitioner. The person receiving the dissolution petition is called a Respondent
The dissolution petition must set out the reason for the dissolution.
To submit your dissolution petition, you will be required to pay the court fee of £593 but if you are on low income or receive certain benefits you may be entitled to court fee remission. You can apply online for help with fees.
You can get a conditional order if your partner agrees to end the civil partnership. A conditional order is a document that says the court does not see any reason why you cannot end the civil partnership.
You must wait 20 weeks after your application to end your civil partnership has been issued before applying for a conditional order
There are two ways to settle your finances in a dissolution: either you can enter into an agreement with your partner on how to split your assets or you can refer the matter to the courts and allow a judge to decide on your behalf
If you want a legally binding arrangement for dividing money and property you must apply to the court for this before you apply for a final order.
Finances can become quite complicated to deal with, our dedicated team of family lawyer can guide you through the settlement process and ensure that the best outcome is achieved for you
The final order is the legal document that ends your civil partnership. You must wait 6 weeks after the date of the conditional order to apply for a final order.
The court will check that there are no reasons why the civil partnership cannot be ended. You must provide all details the court asks for within the time limits. Once you get your final order, your civil partnership has ended, and you can marry or enter another civil partnership.
Separation is a very difficult decision to make and should never be taken lightly. Our team of family lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and we will guide and support you every step of the way.
If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.
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