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
Following the Divorce Dissolution and Separation Act (DDSA) 2020, there is just one basis for ending a civil partnership: that the partnership itself has irretrievably broken down. No further evidence will be required. You must also have been in a civil partnership for at least one year.
Before this change, those looking to dissolve a civil partnership had to satisfy one of four facts:
- Unreasonable behaviour
- Desertion
- Both parties had been separated for at least two years and consented to the dissolution
- Both parties had lived apart for at least five years
Now, you will simply need to provide a statement that your civil partnership has irretrievably broken down, thereby simplifying the entire process.
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.
What Can I Do if the Dissolution is Contested?
Ending a civil partnership has been made much easier by changes to the law in April 2020. Before this amendment, the respondent could counter whichever of the five facts was being used as grounds for dissolution. Now that those grounds have been replaced by the catch-all ‘no fault’, all that matters is that one partner considers the relationship to have broken down.
This means that there is now very limited justification to contest ending a civil partnership. However, the grounds are:
- Jurisdiction: i.e. the couple no longer lives in England and Wales
- Validity: The couple is not actually legally involved in a civil partnership.
- Already Dissolved: If the civil partnership has already been dissolved elsewhere.
- Fraud: If, for instance, one party was dishonest about their true identity, immigration status, or criminal record, this could be used to contest the dissolution.
If the respondent does contest the dissolution, they will have the established 21 days to explain why to the court.
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.
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.
