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If you are considering dissolving a civil partnership, we can support you through the legal process. We get involved from the initial advice stage, to starting or responding to an application to legally end a civil partnership. Together, we can decide on the dividing of assets, child arrangements and child maintenance payments, ensuring the best for everybody involved.
Choose Specialist Family Solicitors to Dissolve your Civil Partnership
If you are thinking of going ahead with the dissolution procedure, we advise instructing a solicitor who has expertise in family law, specifically in dissolving civil partnerships. We have been providing dissolution services for as long as we have been providing divorce services, building up a wealth of knowledge from a number of cases.
Access a Wealth of Information on Civil Partnership Dissolution
Civil Partnerships differ from marriages in many ways, and it takes experience from dissolving them to understand the key nuances. Like divorce, dissolving a civil partnership must be done through court to be legally recognised and there are plenty of aspects to consider before moving forward with the procedure.
Working with our teams, you will have access to a wealth of information on the civil partnership dissolution process and our experts will guide you with compassion. If you are ready to discuss the process, talk to our expert solicitors today.
What is the Civil Partnership Dissolution Process?
The first thing to know about the process is that the party filing the dissolution is called the applicant whilst the other party is called a respondent. You can apply for civil partnership dissolution as a couple (a joint application), but Applicant 1 will fill in the application and Applicant 2 will still respond to this.
The Pre-dissolution Stage
- You will need to check your eligibility for dissolution- namely, the length of your civil partnership which must be at least a year.
- You will also need to collect your original civil partnership certificate, or a copy, ahead of the process starting.
- You must make a statement that your civil partnership has broken down irretrievably. Like divorce, you do not need to rely on specified facts as a reason.
Preparing and filing the documentation
- You instruct a solicitor to fill out all legal forms correctly and in full. They will explain what you need to provide and what to sign. They can also provide advice specific to your situation and case based on years of experience.
- The applicant will need to set out the details of the civil partnership, the names of both partners and their statement that the civil partnership has broken down irretrievably.
- The court will issue an application and send it to the respondent (if you are not making a joint application)
- Your solicitor will keep in contact with you throughout the process and the discuss the progress of the case with you.
Acknowledgement of Service
Once the application has been sent to the respondent, they will fill in an “acknowledgment of service” form to confirm they received the application. They must send this to the court within 14 days of receiving it.
Contested and Uncontested Civil Partnership Dissolution
If a civil partnership dissolution process is uncontested, it will go through and be upheld by the courts. If it is contested however, the respondent will have 21 days to file an Answer to the court. It is rare that, when a dissolution is contended, that it can be successfully argued that the partnership has not been irretrievably broken down.
Cooling Off Period
During this 20 week, “cooling off period” begins from when the application was issued and, during this time, the applicant must wait to progress the dissolution. It gives both parties the opportunity to reflect. After this period, the applicant may send a statement to the court confirming the content of the application.
Conditional Order
At this stage, the court will check all the documents in order to approve them. If the dissolution is uncontested, the court will approve it and send out a certificate of entitlement to a dissolution. This is known as making a conditional order. It is important to note that, at this stage, the partnership has not been dissolved. A conditional order only means that the court has approved the application and that is sufficient for the dissolution to be granted.
Final Order
Six weeks after the conditional order is sent, the applicant may apply for the “final order”. The final order is the official legal document which ends a civil partnership. It is the applicant required to apply at this time but after three months the respondent may too.
That is the end of the process, if you have any questions, please leave your details below so that we can provide you with a call to discuss your situation.
Children and Civil Partnership Dissolution
If you and your partner plan to dissolve your civil partnership and have children, you must decide who will care for them after the split. We can work with both partners to discuss the children’s best interests. We have experts in child custody who can help you to draw up agreements for childcare after you dissolve your partnership.
Additional Divorce & Separation Services
For more specific information on our services, including pricing, please click on the links below:
Children
Money & Finances
- Child Support
- Family Businesses on Separation
- Freezing of Assets
- Maintenance Variation
- Money & Property Issues for Married Couples
- Spousal Maintenance
Our Approach
We approach cohabitation agreements with empathy and passion to find amicable solutions that make sense for both parties. We aim to take away any stress you might feel surrounding legal issues so you can focus on living together well.
Our Work
Our expert solicitors work quickly as soon as we are instructed to set up a cohabitation agreement between two people. We organise meetings where we can understand each party’s stance and provide solutions that suit each of you. In cases of a breakup, we work with impartiality and make sure you can carry on living with your partner in peace if that is what you choose to do.
Our Clients
If you want to live with your partner well, knowing you will not marry, we can help to put the provisions in place that protect both of you and your family unit.
Civil Partnership Dissolution FAQs
If everything is completed on time and the dissolution is uncontested, the process can take around 6 months. If the dissolution is contested it can take much longer than this. In this case, you should discuss your options with solicitor. Financial settlement disputes can delay the final order and not addressing these issues can have negative consequences.
There no longer has to be specific reasons based on limited factors so if both partners agree the process can take place. Behaviours which could contribute to irretrievable breakdown:
- Mental or physical violence
- Abuse
- Adultery
- Financial irresponsibility
- Being separated for a year
- Living separate lives
Your current will stay in place but, on the date of your dissolution it will be as if your partner died. You are welcome to rewrite a will at any point, subject to fees.
