Civil Partnership Dissolution

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Home > Family > Civil Partnership Dissolution

Since the introduction of the Civil Partnership Act 2004, which came into effect on December 5th 2005, same sex couples have been able to commit to each other in the same way that married couples do.

The rights and obligations that civil partnership registration create are essentially the same as those afforded to married couples.

When civil partners decide to separate, they often wish to dissolve the legal responsibilities that exist between them.

At Fosters we can guide you through the process, whether you are applying for the dissolution or responding to your civil partner’s application. Indeed, we will draft all the necessary legal paperwork and offer you clear advice at each stage.

There is only one ground for civil partnership dissolution in this jurisdiction; that the partnership has broken down irretrievably. This can be established within the petition in a number of ways known as facts:

Behaviour by the respondent which means that the applicant cannot reasonably be expected to live with the respondent;
desertion of the applicant by the respondent for a period of 2 years;
separation for 2 years where both parties consent to a dissolution;
separation for 5 years.

We are able to advise you on the most suitable way forward, taking into account your particular circumstances.

The various stages of the dissolution process are as follows:

Application for dissolution filed at Court in the form of a petition;
respondent is served with the dissolution papers;
respondent has the opportunity to acknowledge receipt of the dissolution papers (if the respondent fails to acknowledge service of the papers, the applicant may take various steps to enable the dissolution to proceed);
the applicant swears or affirms an affidavit (sworn statement) in support of his or her petition and applies for directions for trial
the Court makes a conditional order of dissolution or decree nisi (at which point the Court is able to make orders in relation to the financial side);
At the expiry of 6 weeks, the applicant can apply for the condition order of dissolution to be made final or absolute, at which point the partnership is dissolved and the parties can usually enter into a different partnership in the future.

If there are assets within the civil partnership, we can advise you in relation to the best settlement, if necessary by way of an application to the court to deal with the financial side. If you are facing an application by your civil partner, we are equally in a position to offer you sound advice on how best to respond.

If you require more advice about civil partnership dissolution, please contact us.

Frequently Asked Questions

How long does a divorce or civil partnership take to conclude?
No two divorces or civil partnership dissolutions are ever identical. In our experience however, a straightforward divorce or civil partnership dissolution usually takes between four and six months. If there are additional factors to consider, such as finances or children, then those matters may affect the length of time it takes to obtain the decree absolute.
How much does a straightforward divorce or civil partnership dissolution cost?
Since one case can vary so much to another we obviously prefer to tailor our advice about costs to you. At Fosters we genuinely believe that our costs are highly competitive and would urge you to contact us to discuss your requirements and get an idea of what you might have to pay.

Depending on your financial circumstances, you may be eligible for Legal Help which is a form of Public Funding. The legal costs of those in receipt of Legal Help tend to be significantly less than those paying on a private basis and ultimately those clients may not have to contribute to their costs at all.
What do the terms ‘petitioner’ and ‘respondent’ mean?
The petitioner is the spouse or civil partner who applies to the court for the marriage or civil partnership to be dissolved, whereas the respondent is the other party who must answer to those legal proceedings.
Do I have to attend at court during the divorce or civil partnership dissolution?
Both divorce and civil partnership dissolution tend to be paper exercises these days such that the vast majority of parties do not have to attend at court unless there are other issues associated with the divorce, for example unresolved financial matters or disputes about children which need to be looked at closely by a Judge or Magistrates.
When can I petition the court to commence divorce proceedings or civil partnership dissolution?
A spouse or civil partner cannot commence divorce proceedings until one year has elapsed from the date of the marriage. This is often referred to as ‘the one year rule’.
Do we have to get a divorce now that we have decided to separate?
When a relationship breaks down, there is no requirement for parties to pursue a divorce or civil partnership dissolution, however there may be finances or children to deal with. If for some reason you did not want to pursue a divorce proceedings or a civil partnership dissolution, we would usually recommend that you consider entering into a ‘separation agreement’ which would deal with all issues relating to matrimonial or partnership assets and other issues concerning dependant children. Many couples however prefer to pursue divorce or civil partnership dissolution proceedings when things go wrong as it provides one with the certainty needed at a difficult time when the future might seem unsure.