A Guide to Civil Partnership Dissolution

According to the latest statistics from the Office of National Statistics, in England and Wales, 6,879 civil partnerships were formed whereas over the same period 85,770 marriages were officiated. Even though civil partnerships are a less popular option, they present many of the same advantages associated with marriage and can be dissolved in a comparable way. In this blog, we will explain what a civil partnership is before looking at the implications of dissolving a civil partnership and the legal process that must be followed during this period. In most cases, it is recommended you get legal advice from a family lawyer at a reputable firm such as Eatons Solicitors.

What is a Civil Partnership?

In England and Wales, the civil partnership was introduced 2005 to allow same sex couples to have their relationship legally recognized and have similar legal rights to married couples. In 2019 that civil partnerships were extended to heterosexual couples, thereby, offering a viable alternative to marriage.

For a civil partnership to take place, both members of the couple must be at least 18 years old and must give at least 29 days of notice to the registry office.

The agreement between both partners gives the relationship a legal status and grants the couple entering a civil partnership with rights similar to those of a married couple. For example, this means civil partners are entitled to the same tax allowances and benefits as a married couple. Therefore, both partners are entitled to a share of the couple’s assets if they were to dissolve the agreement.

How to Dissolve a Civil Partnership?

The legal process of dissolving a civil partnership is remarkably similar to a divorce.

As is the case for a divorce since the introduction of the “no-fault divorce” law, there are no longer multiple grounds for dissolving a civil partnership. The court will now only consider one reason: the irretrievable breakdown of the relationship. This means the previous grounds for divorce or civil partnership dissolution are no longer valid.

The dissolution of a civil partnership can only take place after the couple has been in the partnership for at least one year. Before that, the couple cannot apply for the dissolution of a civil partnership.

The Legal Procedure

On average, it takes between 4 and 6 months to dissolve a civil partnership. Given the length of the process and its complexity, many couples opt to seek legal advice from a solicitor specialising in family law such as Eatons Solicitors. This gives the couple the reassurance they need to continue with the procedure.

Eligibility

First of all, the couple must prove they are eligible to dissolve the civil partnership. This means the partnership must have lasted at least 1 year prior to the couple deciding to separate and both parties must reside in England or Wales.

The Application Process

After proving the couple are eligible to dissolve their civil partnership, one or both of the partners must file an application with the family court either online or in paper format. However, once the application is filed, the court mandates that the couple wait 20 weeks before the finalising the dissolution. This period of mandatory waiting period is built into the process to allow the couple the time or come to an amicable agreement on children and financial issues. Additionally when lodging an application at court to dissolve a civil partnership a court fee of £593 is payable.

Finalising the Civil Partnership Dissolution

After the mandatory waiting period, the couple can apply for a conditional order. An application can be made 6 weeks and 1 day after the pronouncement of the conditional order for a final order to formally end the civil partnership. However, dissolving a civil partnership is not always plain sailing, the couple usually need to come to a financial agreement and childcare arrangements meaning the process actually takes a bit longer.

The Financial Implications of dissolving a Civil Partnership

As with a divorce, the division of assets is usually even if it is a long marriage/ civil partnership but both partners will need to disclose their assets and earnings so that negotiations can start.

Childcare Agreements

During the dissolution of a civil partnership, the couple must reach a child agreement that is in their children’s best interest.

However, for that to happen, the couple must give all the details of all the children the couple have together including adopted children, stepchildren and any children who are treated as being part of the family. Once the court has that information it can rule on what is in the children’s best interest. The Childcare Agreement establishes where the child will live, who they will spend time with, and who they will spend holidays with. It is important to note though that couples are encouraged to make their own arrangements, and that court is the last resort.

Before going to court, if the couple cannot reach an amicable agreement, they must have tried all the other solutions on offer. These include mediation and round table meetings. It is only after a solution cannot be found during these meetings that the couple is allowed to go to court.

A Process Made to Help Both Parties

Despite its length, the legal process of dissolving a civil partnership is made to help both parties; particularly since the introduction of the “no-fault divorce” law which also applies to civil partnerships. The couple no longer needs to give a reason for them wanting to dissolve the civil partnership. Therefore, it is no longer a contentious situation because the law no longer forces the couple to place the blame onto one of its partners. It means couples who feel they can no longer live together can now apply to dissolve their civil partnership without one of the partners making the difficult decision to take the blame for the couple separating. However, even though the procedure of dissolving a civil partnership is simpler, Eatons Solicitors recommends couples seeking dissolution should take legal advice to help them through the legal proceedings.