Available to both same-sex and opposite-sex couples, civil partnerships offer the same legal rights as married couples. This means that the ending of a civil partnership can be just as difficult and stressful to navigate as a regular divorce or separation.
Finding your way through the process requires support from a sympathetic yet proactive legal firm who can offer essential guidance whenever needed. But how do you legally end a civil partnership, and what are the essential steps you need to take?
Grounds for Ending a Civil Partnership
Under the Divorce Dissolution and Separation Act (DDSA) 2020, there is now only one requirement for ending a civil partnership: that it has irretrievably broken down. This simplifies the process significantly, as no further evidence is required. However, a couple must have been in the partnership for at least one year before applying for dissolution.
Before this reform, there were four possible grounds for dissolution:
- Unreasonable behaviour
- Desertion
- Separation for at least two years with consent
- Separation for at least five years, regardless of consent
This process is now much more straightforward — simply stating that the relationship has irretrievably broken down is grounds enough for dissolution.
Steps to Apply for Dissolution of a Civil Partnership
The dissolution process starts with an application to the court, which can be filed either jointly or by a single applicant. The application includes details about the parties involved and a statement that the partnership has irretrievably broken down.
If there is a single applicant, the court will send the application to the other party (the respondent), who will have 14 days to acknowledge receipt and respond. It can be beneficial to inform your ex-partner about the application in advance to maintain a civil, amicable approach.
The Civil Partnership Dissolution Process
Once the dissolution application has been acknowledged, the process of ending a civil partnership can begin. There are several steps to this, each with their own rules and timeframes.
Once the dissolution application is acknowledged, several stages follow, each with its own set of rules and timelines:
1. Contested vs. Uncontested Dissolution
- If the Respondent Contests the Dissolution: They will have 21 days to file their dispute or the application will move forward.
- If the Respondent Does Not Contest: The process will proceed to the next stage.
2. Cooling-Off Period
Both single and joint applicants are given a 20-week cooling-off period to reflect on their decision and confirm that they still wish to proceed. Once this period ends, applicants must sign a statement to confirm the details of the application, which will be submitted to the court.
3. Conditional Order
The court may issue a conditional order if it is satisfied with the application. The conditional order is essentially a certificate granting entitlement to the dissolution, but it is not the final step. The civil partnership is not yet legally ended at this point.
4. Final Order
The last step is the final order, which legally ends the civil partnership. The applicant must apply for the final order no earlier than six weeks after the conditional order is issued. If they fail to apply within this time, the respondent may apply for the final order after a further three months.
Disputing Civil Partnership Dissolution
Your ex-partner can only dispute the civil partnership dissolution application on three grounds: the partnership wasn’t valid, the court doesn’t have the jurisdiction to facilitate the dissolution, or the partnership had already been legally dissolved. They are not able to dispute that the partnership has irretrievably broken down.
This change came into effect as part of the DDSA 2020. Previously, the respondent to a civil partnership dissolution application would have had the right to dispute the reason for separation given by the applicant.
Annulment Vs Dissolution When Ending a Civil Partnership
For anybody looking to end a civil partnership, it’s important to remember that dissolution is only one of your available options. If your relationship didn’t meet all aspects of the legal criteria for a civil union, you might be able to retrospectively declare it null and void.
In order to annul a civil partnership, you must be able to state that at least one of the following relationship conditions was not met when the union began.
- Both parties are 16 or older. Additionally, parental consent is needed for anyone aged 16 or 17.
- Both parties have lived in the same part of England and Wales for at least seven days.
- Neither party is already married or part of another civil union.
- Neither party is related by blood.
Essentially, an annulment indicates that the relationship was never truly legal, whereas a dissolution is a way of ending a civil partnership that was sound, but is no longer functioning as a relationship.
Applying for Dissolution of Civil Partnership
The process to legally end a civil partnership begins with an application to the court, which can be done on a single or joint basis. This document contains information on those involved in the civil partnership, alongside a statement that the relationship has irretrievably broken down.
In cases where there is just one applicant, the court will issue the document to the other party (known as the respondent), who will then be given 14 days to confirm receipt and lodge a dispute if required. If you are a single applicant, it’s a good idea to send a copy to your former partner beforehand to try to keep things amicable.
The Civil Partnership Dissolution Process
Once the dissolution application has been acknowledged, the process of ending a civil partnership can begin. There are several steps to this, each with their own rules and timeframes.
Submit an Application
The first thing you’ll need to do when ending a civil partnership is submit an online application. This can be accessed directly from the UK government’s website, so you can do it yourself. However, it’s strongly advised that you receive appropriate guidance from an experienced divorce and dissolution solicitor from the outset to ensure that all information is entered correctly and your best interests are taken care of throughout.
You will be asked for: you and your partner’s full name and address, the names and DOB’s of any children you have together, and a payment for court fees. It’s important to ensure that all information requested is included, as this will minimise the likelihood of delays along the way.
Contested vs Uncontested
If the respondent did not wish to contest the dissolution, the application will move onto the next stage. If they do want to contest, they will have a further 21 days to file their grievance in court. Should they fail to do so, the application will progress to the next stage.
Cooling Off Period
Applicants will also be given a cooling off period of 20 weeks to reflect on the situation and confirm they do still wish to proceed. This is the same for both single and joint applications.
Once this has passed, the applicant(s) will need to sign a statement confirming the application’s details. The statement will then be issued to the court.
Conditional Order
If the court is satisfied with the application, it will make a conditional order. This involves sending a certificate of entitlement to a dissolution. Note, the conditional order does not mean the civil partnership has legally been ended.
Final Order
The last stage of ending a civil partnership is the issuing of the final order. This is the document that legally brings the relationship to an end, so must be kept in a safe place.
A final order must be applied for by the applicant just over six weeks after the conditional order was granted. If this is not done, the respondent will be given the opportunity to apply for the final order after a further three months.
How Long Does it Take to End a Civil Partnership?
Typically, legally ending a civil partnership can take between 9-12 months if both parties respond quickly to the process and there are no disagreements. If the respondent disputes the application, or there is friction over matters such as financial arrangements or child arrangements, the process could be significantly longer.
Other potential reasons for a delay in the process could be that one party believes the other is hiding assets, something which is common in cases involving significant wealth. There could also be an international element involved and a dispute over jurisdiction.
This is where the involvement of specialist civil partnership dissolution solicitors is crucial. They will work closely with you to establish your goals and devise a bespoke solution.
Financial and Practical Considerations When Ending a Civil Partnership
While the legal steps to dissolve a civil partnership are clearly outlined, there are also practical and financial aspects that need careful attention. These issues can significantly impact both parties’ financial futures and will need to be addressed before the dissolution can be finalised.
Here are some key considerations:
Financial Settlements
One of the most important aspects of dissolving a civil partnership is agreeing on a fair financial settlement. This includes the division of assets, liabilities, savings, pensions, and property. In cases where there are children involved, child maintenance payments may also need to be addressed.
There are several ways to resolve financial disputes, including:
- Negotiation: Both parties can negotiate directly or with the help of their legal representatives.
- Mediation: As mentioned earlier, mediation can help couples reach an amicable financial agreement without involving the courts.
- Court Orders: If an agreement cannot be reached, the court may intervene and issue a financial order to ensure an equitable settlement.
In high net worth cases, it’s important to account for complex assets, such as business interests or investments. Forensic accountants may be necessary to assess the value of certain assets or to detect any hidden wealth.
Pension Sharing
Pension sharing is a crucial — sometimes overlooked — consideration during a civil partnership dissolution. Both parties may have entitlements to each other’s pensions, especially if the partnership has been long-term. A pension sharing order allows the division of pension pots to ensure a fair financial settlement. Failing to include pension sharing in the dissolution process could lead to future disputes, so it is vital to address this early on.
Children and Child Arrangements
If you and your partner have children together, it’s important to address child arrangements as part of the dissolution process. The main priority in these cases is ensuring that the children’s best interests are protected.
Child arrangements can include:
- Living arrangements: Deciding with whom the children will live and the frequency of contact with the other parent.
- Financial support: Calculating child maintenance payments and other financial responsibilities for both parents.
- Parental responsibilities: Determining how you will share decision-making regarding the child’s upbringing, education, and health care.
If both parties can’t agree on the child arrangements, there may be no option remaining other than to go to court for a resolution. Again, working with a solicitor who specialises in family law can help ensure that the arrangements are fair and in the best interests of the children.
Spousal Maintenance
In some cases, one party may be entitled to spousal maintenance, particularly if there is a significant financial disparity between the partners. Spousal maintenance is financial support paid by one partner to the other after dissolution. This type of support is typically temporary and intended to allow the recipient to maintain their standard of living during the transition to financial independence.
If spousal maintenance is part of the financial settlement, it’s crucial to have clear terms regarding the duration and amount of payments to avoid future disputes.
Tax Implications
Ending a civil partnership can have tax implications, particularly if there are joint assets or financial settlements involved. The division of assets may trigger capital gains tax or stamp duty costs, depending on the nature of the assets.
Working with a tax professional or financial advisor can help ensure that any tax obligations are considered during the settlement process. By planning carefully, both parties can avoid unexpected financial burdens in the future.
Property and Housing Arrangements
If you and your partner co-own property, you will need to decide what happens to the property after the dissolution. This might involve selling the property and dividing the proceeds, or one party may buy out the other’s share.
If children are involved, the court may also consider the living arrangements — to ensure that the children have a stable and secure home environment. This can sometimes mean that one partner may retain the family home, with arrangements made for them to pay a fair share of the value to the other.
Targeted Guidance from Lowry Legal
If you’re unsure about how to legally end a civil partnership, Lowry Legal can help. We’ll take the time to understand your exact requirements and devise a tailor-made strategy to suit your circumstances and deliver on your objectives. We make it our mission to deliver the best possible result for all our clients — whether that’s via alternative dispute resolution or robustly defending your interests in court if an amicable outcome is not possible.
Our holistic service means we take care of everything from the civil partnership dissolution itself, to issues surrounding financial settlements and child arrangements. As specialist high net worth divorce solicitors, we’re completely comfortable with handling cases involving limited companies, complex financial arrangements, and multiple jurisdictions.
We even offer a comprehensive mediation service which can help you decide whether ending the civil partnership is what you really want, or if the relationship can be salvaged. Lowry Legal’s in-house mediator also specialises in helping couples come together and discuss any challenges in an open and constructive setting — minimising the need for a protracted route to the courts. Our team also regularly works alongside third-party experts such as forensic accountants and tax professionals to ensure absolutely everything is taken care of.
To find out more about Lowry Legal and how we can help, contact our team today.
