Can I get a Civil Partnership Dissolution?
You are required to have been in a Civil Partnership for at least a year before you can apply to the Court to end it. This is called dissolving a Civil Partnership.
There is only one ground for Civil Partnership Dissolution in England and Wales and this is that the civil partnership has irretrievably broken down.
A dissolution petition can be based on one of the following four facts:
One party has behaved unreasonably such that the parties cannot be expected to continue living together;
One party has deserted the other for a period of 2 or more years;
The parties have been separated for a period of 2 or more years AND both consent to the divorce;
The parties have been separated for a period of 5 or more years.
If any of the above apply, you are entitled to petition for Dissolution.
Generally, as with divorce, dissolution is dealt with by way of agreement between the parties. In this instance, the dissolution is simply a paperwork exercise and will rarely require either party to attend Court.
Civil Dissolution Process
The first step is to make a dissolution application.
If your partner agrees to the dissolution you will be granted a conditional order.
After 6 weeks you can apply for a final order. The court will check that the required time frame has been met and that there is no other reason why you are unable to be granted a final order.
Once you have your final order your Civil Partnership has ended and you can enter into another Civil Partnership if you wish.
Our Civil Partnership Solicitors will assist with this process to get it managed as efficiently as possible. It is important to note that there are regrettably some instances where the dissolution is contested. If this does happen, we have the expertise to advise you on what to do.
The financial aspects of Dissolution are dealt with separately and information in this regard can be found on our Financial Remedy page.