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Enduring the breakdown of a relationship can be a very difficult and confusing time in your life. If you have been in a civil partnership for over a year and decide to legally end that partnership, the process is known as a Civil Partnership Dissolution.
Like a divorce, you no longer need to give a reason for the dissolution of your civil partnership. This is known as ‘no fault’, like a no fault divorce.
Choosing the right process when you and your civil partner separate is important, especially if you have children, therefore it is crucial that you seek legal advice from specialist civil partnership dissolution solicitors as soon as possible. At David Gray, we have a team of expert solicitors who are here to answer any initial questions you may have regarding family law or the dissolution process and who can support you throughout the duration of your case.
Our civil partnership dissolution solicitors are based in Newcastle upon Tyne and South Shields, and work with civil partners and their families across the North East. Contact our team to see how we can support you.
What is a Civil Partnership?
Not to be confused with marriage, civil partnerships can be registered by two people who aren’t related to each other but want to give their relationship legal recognition. In the same way that marriage does, registering a civil partnership will give you added legal rights and responsibilities.
Introduced under the Civil Partnerships Act 2004, civil partnerships initially only allowed same-sex couples in England and Wales to enter into legally binding civil partnerships. It wasn’t until 2014 – 10 years later – that same-sex marriage became legal. In only 2019, opposite-sex civil partnerships were introduced.
People may decide to enter a civil partnership because they disagree with the religious and/or patriarchal connotations of marriage, but otherwise, there are no significant legal or financial differences between marriage and civil partnerships in the UK.
Grounds for Civil Partnership Dissolution
Should you and your civil partner decide that, after being in the partnership for over a year, it is time for the partnership to end, you can begin the Civil Partnership Dissolution process.
Currently, the law states that you must be able to prove that the partnership has “broken down irretrievably”. meaning it has ended permanently and cannot be fixed. This is the only ‘ground’ for dissolution, compared to the previous four possible ‘grounds’ that were in action before the introduction of the Divorce, Dissolution and Separation Act 2020 (also known as No Fault Divorce).
The Civil Partnership Dissolution Process
After over one year of your civil partnership, you can apply to a court to end (‘dissolve’) the partnership. Or, if you do not want to end the civil partnership, you can get a legal separation which allows you to separate without ending the civil partnership.
If you have children, you and your civil partner must work out any arrangements for looking after children and child maintenance payments for your children. If you are struggling to mutually agree on the best ways to move forward from your civil partnership for your children, separating parents can avoid courtroom conflict by using family arbitration or mediation, both of which are alternative dispute resolutions held outside of court.
You and your civil partner will also need to ensure you divide your money and property correctly, and agree on a financial settlement which work for both parties.
The dissolution process usually takes around four to six months to complete if there are no complications.
At David Gray, our Civil Partnership Dissolution solicitors can support you throughout the dissolution process, including:
- Seeking legal advice on the process and preparing the papers
- Filing the Civil Partnership Dissolution petition
- Next steps
- Conditional order
- Final order
Supporting Children During a Civil Partnership Dissolution
Whilst a Civil Partnership Dissolution will have an impact on you and your civil partner, you must also consider how it will affect your children, should you have any. You and your civil partner will have decisions to make about your future as a couple, but also about the future of your children.
At David Gray, our civil partnership solicitors frequently advise on Civil Partnership dissolution. The breakdown of any relationship is a profoundly difficult time for everyone involved, but trying to assess the impact of the dissolution on your children, home, pension and finances can leave you feeling confused, distressed and anxious about what the future holds for you and your family.
We understand that it can be difficult to come to these decisions mutually, and you may feel you need some extra support as you navigate the Civil Partnership Dissolution process and looking after your children.
We offer a specialist Divorce, Separation and Financial Mediation service to support you and your civil partner through your separation settlement, which can help you progress with the dissolution of your civil partnership. Also, if you are struggling to make suitable child custody agreements, we offer Child Custody Mediation to help you make decisions that will reduce the impact of separation on your children.
It is important to remember that the process of any relationship or family breaking down will have a huge impact on your child. They will experience a range of difficult emotions about the fact that their family is changing, so it is important to limit the impact of your family fall out on your child by working together with your civil partner to reach agreement where possible.
Contact Us
At David Gray, our highly skilled and experienced team of Civil Partnership Dissolution solicitors have many years of experience in working with clients and their families to support them through this difficult time. Based in Newcastle upon Tyne and South Shields, our solicitors will listen to your concerns and discuss your various options with you. This includes advice about the different dispute resolution methods you could take that are an alternative to court, like family mediation or arbitration . However, in some cases, it may be necessary to go to court and it could be the most efficient and cost-effective way to progress your case.
Regardless of whether you attend court or choose an alternative method of dispute resolution, our team of expert family solicitors will advise, represent and support you so that you can reach the best possible outcome.
For more information on how our team can support you through your Civil Partnership Dissolution, contact our team via our online contact form or alternatively, by calling 0191 232 9547.
Frequently Asked Questions
What is the Civil Partnership Dissolution process?
First, you must check that you and your civil partner are able to end your civil partnership. You can only apply to dissolve the partnership if you have been in it for over a year, and you must apply to a court to do this.
Then, you must decide if you want to make a joint application with your civil partner or whether you’d prefer to apply on your own. Regardless of how you choose to apply, it normally takes at up to six months to end the civil partnership. Applications to end a civil partnership can be made online or by post.
Next, you need to apply for a conditional order, a document that says the court does not see any reason why you cannot end the civil partnership. If the court is satisfied you are entitled to a conditional order the court will set a date for its pronouncement.
Finally, you must apply for a final order, which is the document that legally ends your civil partnership. To apply for a final order, you must wait six weeks after the date of the conditional order, and you have to wait three months and six weeks after the date if your civil partner is the applicant. Should you wish to have a legally binding arrangement for dividing money and property, we may advise you to apply to the court for this before applying for your final order.
When you receive your final order, your civil partnership is officially recognised as dissolved and you can marry or enter another civil partnership.
Can I apply for a Civil Partnership Dissolution alone?
Yes, you can make a sole application for a Civil Partnership Dissolution. It is also possible to make a joint application for a Civil Partnership Dissolution if both you and your civil partner agree that you wish to end your civil partnership. You must both apply online and you must separately confirm you wish to continue with the application at each stage of the process.
