Ending a Civil Partnership: A Guide to the Legal Process and Support Available

The decision of ending a civil partnership marks a significant turning point in one’s life, where the path of love and commitment takes an unforeseen direction. Civil partnerships were established to legally recognise and safeguard the rights of couples but there are occasions when circumstances where dissolving a civil partnership is necessary.

In this article, we explain what a Civil partnership is and how the ending of a Civil Partnership is carried out legally.

What is a Civil Partnership?

A civil partnership is a legally recognised relationship between two people that provides legal and financial protections, as well as certain rights and responsibilities, similar to marriage.

Civil partnerships were introduced in 2004 as a way to grant same-sex couples legal recognition and rights without the religious connotations associated with marriage, despite this they are available to both same-sex couples and opposite-sex couples. They offer a legal framework that grants individuals in the partnership many of the same rights and legal protections as married couples. This includes legal recognition of the relationship, financial and property rights, inheritance rights, and the ability to access benefits and entitlements.

The legal process of entering into a civil partnership involves registering the partnership with the relevant government authorities. This typically requires completing the necessary paperwork, paying a fee, and having a formal ceremony or declaration of the partnership. Once the civil partnership is registered, the couple gains legal recognition and the associated rights and responsibilities.

How to End a Civil Partnership?

The process of ending a civil partnership is called dissolution or dissolving and the law and procedure in this article applies from 6^th April 2022, which is when the no-fault procedure came into force.

In this UK before you can proceed with dissolving your civil partnership, you must have been in your civil partnership for at least a year. In addition, you will need the original civil partnership certificate or a certified copy as the courts will require this when the process is initially started.

In order to proceed with the ending of your Civil Partnership you will be required to submit a dissolution online via the GOV.UK website. An alternative option is by paper application using a D8 Form which can be found on the GOV.UK website.

The ending of the Civil Partnership (dissolution) can be issued by one party, known as the Applicant however a joint application can be made if the parties agree and the dissolution of the Civil Partnership can no longer be defended but can be disputed in limited circumstances such as jurisdiction of the Court, validity of the partnership and whether the Civil Partnership has legally ended.

Once the Application for Dissolution has been issued online there will be a 20-week cooling-off period before you can apply for a Conditional Order. The courts will send a copy of the Application for Dissolution to the other party (known as the Respondent) together with an Acknowledgement of Service, which they will need to complete and return to Court. However, if the Respondent fails to return the Acknowledgement of Service then the applicant will need proof that the Application has been received prior to applying for the Conditional Order.  It is now possible for service to take place by email.

Once the Court receives the Application for a Conditional Order they will examine the same and a date will be given for this, however there is no need for the parties to attend Court.

6 weeks and a day after the date of the Conditional Order the Applicant can apply for the Final Order. The process of an Application for Dissolution will therefore take around 7 months provided that the Respondent cooperates.

If the Applicant does not apply for the Final Order, the Respondent can apply 3 months after the date when the Applicant could have first applied.

Frequently asked questions when dissolving a Civil Partnership

What are the grounds for dissolving a Civil Partnership?

In April 2022 a new divorce procedure was introduced known as no-fault divorce. Despite this using terminology typically associated with marriage, this act still applies to those in Civil Partnerships.

Therefore, since April 2022 there is only one ground for dissolving a civil partnership which is that the relationship has irretrievably broken down. Therefore, you do not have to assign blame to one party. In addition to this, parties can no longer claim for the costs when dissolving the Civil Partnership against the other party.

How long does it take to dissolve a Civil Partnership?

The timeline for dissolving a civil partnership depends on the promptness of the parties. If both parties are prompt with returning documents and are both in agreement, the court will usually take 6-9 months to process the dissolution of the Civil Partnership.

If parties are not in agreement or documents are not returned promptly and correctly then this timeline can be significantly delayed as mediation may need to be involved to resolve disagreements.

How can Taylor Bracewell’s Family team help?

Navigating the process of ending a civil partnership can be overwhelming, especially considering the legal complexities and emotional challenges involved. That’s where our experienced Family team at Taylor Bracewell can offer invaluable support and guidance.

Our knowledgeable solicitors understand the intricacies of family law, including the dissolution of civil partnerships. We recognise that every situation is unique, and we approach each case with empathy, sensitivity, and a commitment to achieving the best possible outcome for our clients.

By seeking assistance from our family team, you can benefit from our expertise in handling the legal aspects of dissolving a civil partnership. We can guide you through the necessary paperwork, advise you on the relevant legal grounds for dissolution, and ensure that all documentation is completed accurately and in a timely manner.

To benefit from the support of Taylor Bracewell’s family team, don’t hesitate to reach out to us. We are ready to assist you through every step of the process, offering the legal knowledge and compassionate guidance you need to navigate the journey towards closure. If you wish to speak to a member of our Family team they can be reached by calling 01302 341414 or 0114 272 1884, alternatively you can fill out our online enquiry form.