What's Involved In A Civil Partnership Dissolution?

 

It is worth immediately noting that people in a civil partnership receive very similar rights to the rights of an opposite sex married couple; there are just very slight differences.

Similar to divorce (and in fact, often referred to as civil partnership divorce), civil partnership dissolution can be lengthy and complicated, and, like divorce, requires formal legal proceedings. In particular you must have been "civil partners" for over a year before one of you can make an attempt to dissolve the partnership.

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The first stage is submitting a petition to the courts, which is usually done by one party, and it is their responsibility to prove that the partnership has broken down in is referred to as an "irretrievable" manner. The petition will need to include details of when you and your partner last lived together, your address, and other important factors that the Courts may need to take into account, such as if there are any children involved.

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In addition, you will have to prove one of the following four facts: Firstly, your partner has behaved in a way that means you cannot reasonably be expected to live with them. Secondly, you have been deserted by your partner for a period two years or more. Thirdly, you and your partner have been separated for at least two years and you both agree to dissolution. Finally, if you and your partner have been separated for five years or more, then only you have to want the dissolution. You have to choose one of these "facts" as the "grounds" for a civil partnership divorce.

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You will have to fill in an additional form if there are children involved in the partnership. The court will then send a copy of the dissolution petition to your partner, giving them eight days to respond, and you will get a form informing you that the petition has been sent to them. Your partner may want to contest the dissolution. This can be very distressing, time-consuming and costly - and thankfully happens very, very rarely indeed You should think about seeking legal advice if you are in this situation.

You can apply for a "conditional order" if the Court sees no reason why there can't be civil partnership dissolution, and if your partner does not contest the dissolution. If the Court does not agree with the dissolution, you will get a form explaining why, usually because they require more information and may need you and your ex-partner to attend Court. It is important to note at this point that you still need a final order to legally end the partnership.

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Fees involved: There are fees involved with receiving a conditional order and a final order. If you are on benefits and have a low income, these fees may be lower. Seek professional advice from solicitors who specialise in civil partnership divorce to find out more.

The final order completely ends the legal partnership. This should normally be done within twelve months of receiving a conditional order, and you must have a conditional order to apply. Leaving it longer than twelve months will mean you need to explain the reasons for the time lapse to the Court. You need to fill in a form and return it to the Court. If the Court sees no reasons why civil partnership dissolution can't take place, you and your partner will receive the final order and the partnership will be legally over.

If you need help with your civil partnership dissolution, then contact Bonallack & Bishop. Their Family Law Solicitors have considerable experience in civil partnership divorce. Senior Partner Tim Bishop is responsible for all major strategic decisions.

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