How to end a Civil Partnership.

Ending a Civil Partnership

Ending a civil partnership is known as dissolution. Although a civil partnership is legally distinct from marriage, the process for ending one in England and Wales is now very similar to that for divorce.

A civil partner can apply to the court to dissolve the civil partnership once it has lasted for more than one year. The court process deals with ending the legal relationship, but separate arrangements may still be needed for finances, property, pensions and children.

No-Fault Dissolution

The old requirement to prove behaviour, desertion or separation has been removed in England and Wales. A civil partner no longer needs to blame the other person or prove one of the old facts to end the partnership.

The application is now based on a statement that the civil partnership has broken down irretrievably. This is intended to reduce conflict and make the legal process less confrontational.

Can a Civil Partner Defend the Dissolution?

It is now much harder to dispute the decision to end a civil partnership. In most cases, one civil partner cannot stop the dissolution simply because they do not want the relationship to end.

Disputes may still arise about jurisdiction, whether the civil partnership is valid, procedural issues, finances, property or children. These issues should be dealt with separately where necessary.

Sole and Joint Applications

A dissolution application can be made by one civil partner alone or jointly by both civil partners. A joint application may be suitable where both partners agree that the relationship has ended and want to manage the process cooperatively.

If cooperation breaks down during a joint application, it may be possible for one person to continue the process as a sole applicant. Legal advice may be useful if the process becomes difficult or communication breaks down.

How to Apply

An application to dissolve a civil partnership can usually be made online or by post. The applicant will need details of the civil partnership, the other civil partner's address and the civil partnership certificate or an official copy.

The current court fee is £612. People on a low income or certain benefits may be able to apply for help with fees.

The Conditional Order

After the court has issued the application, there is a minimum waiting period before the applicant can apply for a conditional order. The conditional order is the stage at which the court confirms that there is no reason why the civil partnership cannot be dissolved.

This order does not end the civil partnership. The civil partnership only legally ends when the final order is made.

The Final Order

The final order is the legal document that ends the civil partnership. GOV.UK states that a person must wait at least 6 weeks after the date of the conditional order before applying for a final order.

It is important to consider financial arrangements before applying for the final order. In some cases, applying too early may affect pension rights, inheritance rights or other financial protections.

Financial Arrangements

Dissolving the civil partnership does not automatically resolve finances. Civil partners may still need a financial order that deals with property, savings, pensions, debts, maintenance, business interests, and other assets.

Even where the couple agrees on the financial settlement, it is usually sensible to have the agreement approved by the court in a consent order. Without a financial order, future claims may remain possible.

Children and Parenting Arrangements

If civil partners have children, they will need to agree where the children live, how much time they spend with each parent or carer, and how important decisions are made. These arrangements are dealt with separately from the dissolution itself.

Where agreement is not possible, mediation or a child arrangements application may be needed. The court's main concern will be the welfare of the child.

Property and the Family Home

The family home is often one of the most important issues. It may be owned jointly, owned by one civil partner, rented, mortgaged or subject to other legal interests.

Legal advice may be needed before one partner moves out, transfers ownership, agrees a sale, changes mortgage arrangements or gives up rights relating to the home.

Pensions and Inheritance

Pensions can be a major asset in civil partnership dissolution. Pension sharing, pension attachment or offsetting may need to be considered as part of a fair financial settlement.

Ending a civil partnership can also affect inheritance rights, wills, nominations, tax planning and death benefits. Civil partners should review their wills and financial arrangements during the process.

When Legal Advice May Be Needed

Legal advice is particularly important where there are children, property, pensions, business assets, inherited wealth, debts, domestic abuse, financial control, international issues or disagreement about the settlement.

A family solicitor can advise on the dissolution process, financial orders, consent orders, child arrangements, mediation, urgent applications and the timing of the final order.

Current Position

Civil partnership dissolution in England and Wales now follows a no-fault process. A civil partner does not need to prove unreasonable behaviour, desertion or separation. The application is based on the civil partnership having broken down irretrievably.

The dissolution itself normally takes at least 6 months, but financial and child arrangements may take longer if there is disagreement. Anyone ending a civil partnership should consider legal advice before finalising the process, especially where money, property, pensions or children are involved.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Family law and court procedure can change, and how the law applies will depend on the facts of each case.

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