What is a Civil Partnership?
A civil partnership is a legal relationship between two people, offering legal recognition and rights similar to those of a marriage. It is available to both same-sex couples and opposite-sex couples in the United Kingdom, excluding Northern Ireland.
Civil partnerships provide a way for couples to formally commit to each other without having to enter into a traditional marriage. The process of dissolving a civil partnership is similar to that of a divorce for married couples, although there are some key differences.
In this article, we will explore the steps involved in dissolving a civil partnership, the legal rights and financial claims that may arise, and the options available for ending the legal relationship. Whether you are considering dissolving your civil partnership or simply seeking information about the process, understanding the legal implications can help you make informed decisions.
How Do Civil Partnerships Differ From Marriage?
In the United Kingdom, civil partnerships and marriage are two legal options available to couples who wish to formalise their relationship. While both provide legal recognition and protection to couples, there are some key differences between civil partnerships and marriage.
Firstly, the legal requirements for entering into a civil partnership are slightly different from those for marriage. In a civil partnership, the couple must give notice at a registry office, and then wait a minimum of 28 days before the partnership can be formed. Marriage, on the other hand, involves the couple giving notice at a registry office or an approved religious building, and they are also subject to a waiting period of at least 28 days.
In terms of the ceremony itself, civil partnerships are secular in nature and do not involve religious ceremonies or blessings. This distinction is important for couples who may prefer not to have a religious element in their partnership. Additionally, civil partnerships have the unique feature of including the names of both parents on the civil partnership certificate, whereas marriage certificates traditionally only include the fathers’ names.
When it comes to ending a civil partnership, the process is known as a Dissolution Order, which is similar to divorce proceedings for married couples. It requires the submission of a dissolution application, with the option for either joint or sole applications. Like divorce, dissolution proceedings can cover issues such as child arrangements, financial claims, and the division of assets.
It is worth noting that the process for ending a civil partnership in Scotland or Northern Ireland differs from the process in England and Wales.
Dissolving Civil Partnerships
Dissolving a civil partnership is a process that allows couples to legally end their relationship. It is important to understand the legal requirements and proceedings involved in order to navigate this process successfully.
Whether you are in a same-sex or opposite-sex civil partnership, this guide will provide you with the necessary information on dissolving a civil partnership. From the options of joint or sole application to the considerations regarding child arrangements and financial claims, we will explore the steps involved in ending a civil partnership and the rights and obligations that come with it.
With the help of specialist family solicitors, couples can ensure a smooth and fair dissolution process, minimising the emotional strain and legal complexities often associated with such matters.
A Summary of the Steps Associated With Dissolving a Civil Partnership
Although the steps associated with dissolving a civil partnership can vary depending on a couple’s unique circumstances, the following provides an overview of the steps typically involved:
- Discuss and communicate with your civil partner about the decision to dissolve the partnership.
- Seek legal advice to understand the legal process and requirements for dissolving a civil partnership.
- Complete the necessary paperwork, such as the dissolution petition, and gather supporting documents.
- File the dissolution petition with the court and pay the required fees.
- Serve the dissolution petition to your civil partner, following the appropriate legal procedures.
- Wait for your civil partner’s response to the dissolution petition and engage in negotiations or mediation if necessary.
- Attend court hearings if required and follow the instructions of the court.
- Reach a settlement agreement regarding financial matters, property division, and any other relevant issues.
- Obtain a final dissolution order from the court, officially ending the civil partnership.
- Notify relevant institutions and agencies about the dissolution, such as banks, insurance providers, and government agencies.
- Update legal documents, such as wills and power of attorney, to reflect the dissolution of the civil partnership.
How Soon Can You Apply to End Your Civil Partnership?
When considering dissolving a civil partnership, it is important to understand the requirements and procedures involved. To apply for dissolution, you must have been in the civil partnership for at least one year. This time frame allows for a period of reflection and consideration before making the decision to end the partnership.
Before applying for civil partnership dissolution, it is advisable to carefully consider various aspects such as finances, property, and children. It is recommended to try and reach an agreement on important matters, such as how money and assets will be divided, who will remain in the family home, and arrangements for any children involved. Seeking legal advice during this process can provide guidance and help ensure a fair and mutually beneficial agreement.
Grounds to Dissolve a Civil Partnership
When dissolving a civil partnership, it is crucial to understand the grounds upon which the partnership can be ended. Before April 6, 2022, specific facts were required to dissolve a civil partnership, such as unreasonable behaviour, desertion, separation by consent, or separation for at least five years. However, the law has since changed, and now only the irretrievable breakdown of the partnership needs to be stated as the grounds for dissolution.
Unreasonable behaviour, previously a common ground for dissolving a civil partnership, involved proving that one party had behaved in a way that the other could not reasonably be expected to live with.
Desertion, another previously recognised ground, required showing that one partner had deserted the other without their consent or a good reason for at least two years.
Separation by consent allowed for dissolution if the couple had been living separately for at least two years and both parties agreed. Lastly, separation for at least five years was considered a ground for dissolution if one partner had been living separate and apart from the other for at least five years.
The new regulations provide a simpler and more flexible approach to dissolving a civil partnership, focusing solely on the irretrievable breakdown of the relationship. It is important to seek legal advice to understand how these changes might impact your specific situation and to ensure a smooth dissolution process.
What’s the Difference Between an Annulment and Dissolution?
When it comes to legally ending a civil partnership, there are two options: annulment and dissolution. While both processes result in the termination of the civil partnership, they differ in their legal implications and grounds for separation.
An annulment essentially declares a civil partnership null and void from the beginning, treating it as if it never legally existed. In order to be eligible for an annulment, certain conditions must be met. These conditions include fraud, one or both parties being underage, lack of valid consent, or one party being already married or in a civil partnership.
Understanding the difference between annulment and dissolution is crucial when considering the end of a civil partnership.
How Much Does Dissolving a Civil Partnership Cost?
Dissolving a civil partnership involves certain costs that individuals should be aware of. The first cost is the application fee, which is payable when submitting the dissolution application. Additionally, there may be solicitor’s costs if you choose to seek legal advice and representation throughout the process.
It is important to note that legal aid may be available to those who meet certain criteria, such as having a low income or being a victim of domestic abuse. Legal aid can help cover the costs of obtaining legal advice and representation.
If you and your civil partner agree that one party should pay the costs of the dissolution, you can make a separate application for this. The court has the discretion to order one party to pay the other’s costs, taking into account factors such as financial position, assets, and conduct during the proceedings.
Under the no-fault system of civil partnership dissolution, there is limited scope for claiming costs. Unlike in divorce proceedings, where one party may be able to claim costs on the basis of the other’s unreasonable behaviour, the focus in civil partnership dissolution is on the fair division of assets and finances.
It is advisable to consider the timing of applying for the final order in relation to costs. Waiting until after the finances have been settled may result in a more accurate understanding of the costs involved. Seeking legal advice can help determine the most suitable timing for the final order application.
The Application Process
The application process for dissolving a civil partnership can be carried out through either a sole application or a joint application. The decision on which method to choose should be made by both parties involved, and seeking advice from a solicitor or legal advice line is recommended to ensure that the correct procedure is followed.
A sole application is when one party initiates the dissolution proceedings. They are responsible for completing the necessary application forms and serving them to the other party. This method is often used when the other party does not wish to be involved in the process or when there are difficulties in communication.
On the other hand, a joint application is when both parties agree to dissolve the civil partnership together, and they complete the application forms collectively. This method requires cooperation and communication between the parties involved.
It is important to note that the application process can be complex, and seeking legal advice is crucial. A solicitor or legal advice line can provide guidance on the necessary forms, documentation, and steps involved in dissolving a civil partnership. They can also advise on the best approach based on individual circumstances.
Sole Application
Dissolving a civil partnership through a sole application is a process initiated by one party without the involvement or consent of the other party. If you are considering this option, here are the key steps involved:
1. Completing the application form: As the sole applicant, you will need to complete the necessary application form for dissolving a civil partnership. This form usually requires details such as your personal information, the civil partnership certificate, and the grounds for dissolution.
2. Submitting the application: Once you have completed the application form, you will need to submit it to the court along with the required documents and the applicable court fee. The court fee may vary depending on your jurisdiction, so it is essential to check the current fee beforehand.
3. Serving the application on the respondent: After submitting the application, you are responsible for serving it on the respondent. This step ensures that the respondent is made aware of the dissolution proceedings. Service options may include email, post, or personal delivery.
4. Serving the respondent yourself: In some cases, you may need to personally serve the application on the respondent if other service methods are not possible or have been unsuccessful. It is important to follow the proper legal procedures and timelines for service.
It is advisable to seek legal advice as the dissolution process can be complex. A specialist civil partnership dissolution solicitor can guide you through the steps involved, ensuring that all legal requirements are met.
Keeping Personal Details Confidential If You Are Applying For Dissolution
When applying for the dissolution of a civil partnership, it may be important to keep your contact details confidential. To ensure privacy and security, there are steps you can take during the application process.
Firstly, when completing the application for dissolution, you should indicate that your contact details need to be kept confidential. This can be done by marking the appropriate box on the application form.
Once the court receives the application, they will remove your contact details from any documents sent to the respondent, the other party in the civil partnership. This helps maintain the privacy of your personal information throughout the dissolution proceedings.
To further protect your address and contact details, it is advised that the respondent does not provide their information on the acknowledgement of service or answer form. Instead, the respondent can send their contact details separately using a form C8. This additional form ensures that the court has the respondent’s details while keeping them confidential from the applicant.
By following these steps and indicating your need for confidentiality, you can take control of your personal details and maintain privacy during the dissolution process.
Letting the Respondent Know
When filing for dissolution of a civil partnership as a sole applicant, it is important to inform the respondent about the application in a timely and appropriate manner.
The court will use the contact details provided by the applicant to notify the respondent about the application. This notification will include an acknowledgement of service form, which the respondent will need to complete and return to the court within a specified period of time.
In most cases, the court will send the notification and acknowledgement of service form to the respondent by post. However, in certain circumstances, such as when the respondent’s whereabouts are unknown or there are concerns about safety, the applicant may be required to personally serve the respondent. This means that the applicant will need to arrange for someone over the age of 18 to deliver the notification and form directly to the respondent.
It is crucial to ensure that the respondent is properly informed of the application and has the opportunity to respond. By following the court’s instructions and providing accurate personal details, you can help ensure that the dissolution process progresses smoothly.
Responding to an Application For Dissolution
When you receive an application for dissolution of a civil partnership, it is important to respond appropriately within the given timeframe. The court will send you an acknowledgement of service form along with the dissolution documents, typically by post. You will have 14 days from the date of receipt to complete and return this form to the court.
The purpose of the acknowledgement of service form is to indicate whether you agree or disagree with the contents of the application for dissolution. If you agree with the application, you can simply sign and return the form to confirm your agreement.
However, if you intend to dispute the dissolution, it is crucial that you submit an answer form within 21 days of receiving the dissolution documents. This form allows you to provide the court with your grounds for disputing the dissolution and any other relevant information.
It is important to note that responding to an application for dissolution is a vital step in the legal process. Failing to respond within the specified timeframe may result in the court proceeding with the dissolution without your input.
Keeping Your Address Confidential When Responding to a Dissolution
When responding to a dissolution, it may be important for some individuals to keep their address confidential. This could be due to safety concerns or other personal reasons. In order to maintain your privacy, it is crucial to follow certain steps.
Firstly, when completing the acknowledgement of service or answer form, do not include your contact details. This will ensure that your address remains confidential.
Secondly, on the form itself, indicate that your contact details are confidential. This will alert the court to the fact that your information should not be disclosed.
Lastly, in order to provide the court with your contact details, you can send a separate form, known as form C8. This form allows you to securely provide your address to the court without it being shared with the other party or disclosed publicly.
By following these steps, you can ensure that your address remains confidential during the dissolution process.
Joint Application
A joint application for dissolving a civil partnership is an option available to couples who wish to apply together. It offers a streamlined process compared to a sole application, allowing both parties to actively participate in the dissolution proceedings.
To make a joint application, both applicants, referred to as Applicant 1 and Applicant 2, will need to complete the necessary application form for dissolving their civil partnership. This form typically requires personal information from both individuals, as well as details about the civil partnership itself, such as the date of the partnership and the grounds for dissolution.
Once the application form is completed, it is submitted to the court along with the required documents and the applicable court fee. Again, the court fee may vary depending on your jurisdiction.
In short, being a joint applicant in dissolving a civil partnership means you are taking a collaborative approach that allows you to navigate the legal process with the other party.
Obtaining Your Civil Partnership Certificate
To dissolve your civil partnership, you will need to supply your civil partnership certificate. If the original certificate is lost, you can apply for a certified copy from the General Register Office.
Once your application has been approved, the General Register Office will send you a certified copy of your civil partnership certificate. This document must be submitted to the court along with your dissolution application.
It is important to note that the dissolution of a civil partnership cannot be approved without an original or certified copy of the civil partnership certificate.
What Happens After You Send the Application?
After you send the application for the dissolution of your civil partnership, there is a detailed process that occurs to ensure your case is handled accurately and efficiently.
Upon receipt of your application, the court will allocate a unique case number to your case. This case number is important as it will be used to identify your application throughout the entire dissolution process.
The court will then issue your application, which means that they will formally acknowledge that your application has been received and is being processed. This is an important step as it signifies the beginning of the dissolution proceedings.
Once your application has been issued, the court will notify you of the next steps in the process. This may include providing additional documents or information, attending mediation sessions if required, or providing responses to any legal matters raised during the dissolution proceedings.
It is important to closely follow the instructions provided by the court and to promptly respond to any requests to ensure the dissolution process progresses smoothly. This will help to minimise any delays and ensure that your case is resolved in a timely manner.
How Long Will It Take?
When dissolving a civil partnership, it is natural to wonder how long the process will take. While it can be difficult to provide an exact timeline, there are certain factors that may affect the duration of the dissolution proceedings.
In general, the minimum length of time from the start of the formal proceedings to the granting of the Final Order is around 6 months. However, it is important to note that this time frame is subject to various factors. Unresolved financial issues can significantly prolong the process, as both parties may need to gather necessary information and negotiate a fair settlement. Additionally, if one partner is uncooperative or delays the process, it can also impact the timeline.
It is worth mentioning that exceptional circumstances can arise, which may require more time to resolve. For example, complex financial proceedings or disputes over child arrangements can lead to a longer dissolution process. However, the court aims to resolve cases within 26 weeks, unless there are exceptional reasons for an extension.
Jurisdiction & Civil Partnership Dissolution
Jurisdiction is a fundamental concept when it comes to dissolving a civil partnership. Simply put, it refers to the authority of a court to deal with a particular case. In the context of civil partnership dissolution, a court in England or Wales can only handle the proceedings if the individuals involved can establish a connection to these jurisdictions.
There are two primary ways to establish this connection. The first is through habitual residence. This means that at least one of the partners must have been living in England or Wales for a certain period of time. This demonstrates a sufficient connection to the jurisdiction. The second is through domicile, which refers to a person’s permanent home. If one of the partners has a domicile in England or Wales, it can serve as a connection to the jurisdiction.
Establishing jurisdiction is crucial because without it, a court cannot hear and rule on the dissolution case. It is essential to ensure that the necessary connection to England or Wales is present before embarking on any dissolution proceedings.
Useful Contacts for Dissolving a Civil Partnership in the UK
When dissolving a civil partnership, it is important to have access to support networks and helpful resources. Here are some useful contacts in the UK that can assist you throughout the process:
1. Emergency Contacts:
- Police: In case of immediate danger or emergency situations, dial 999.
- National Domestic Violence Helpline: Provides 24/7 support and advice for those experiencing domestic abuse. Helpline: 0808 2000 247.
2. Legal Advice and Support:
- Rights of Women: Offers free legal advice and information on domestic abuse. Helpline: 020 7251 8887.
- Citizens Advice: Provides guidance on various legal matters, including civil partnership dissolution.
3. Finding a Lawyer:
- Law Society: The official website of the Law Society in England and Wales helps you find solicitors specialising in family law.
Remember, seeking legal advice and support from professionals is crucial during the civil partnership dissolution process. These contacts can offer assistance and guidance to ensure your rights, safety, and well-being are protected.
