Civil Partnership Dissolution

Civil Partnership Dissolution

Civil Partnership Dissolution

Civil Partnership Dissolution

Dissolution of a civil partnership is similar to the divorce procedure for married couples.

You must have been in your civil partnership for at least a year before you can apply for dissolution. Your solicitor will need your original civil partnership certificate or a certified copy as this will be lodged at court when the process is started.

It is at this stage that your solicitor would be able to make the application for a ‘conditional order’ – comparable to the decree nisi in a divorce case.

After the conditional order has been obtained, your solicitor will have to wait six weeks and one day before applying for the ‘final order’, the equivalent of the decree absolute in divorce proceedings.

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Dissolution of a civil partnership is similar to the divorce procedure for married couples – you must prove that the relationship has irretrievably broken down. The only difference is that adultery cannot be relied upon as one of the reasons. This is the case for same-sex and opposite-sex civil partnerships.

The grounds for dissolution must fall into one or more of the following four categories:

  • Unreasonable behaviour

    This is the most frequently used category, as it can cover various issues. It means that your partner has acted in such a way that you cannot reasonably be expected to live with them. Although civil partnership dissolutions do not provide for adultery, you can state that your partner has been unfaithful under the grounds of unreasonable behaviour.

  • Separation (2 years)

    This applies if you and your partner have lived apart for two years prior to the dissolution application, and the other party agrees to end the partnership. Your partner must give written consent.

    Even if you have been living in the same house, as long as you are not living as a couple – e.g. sleeping and eating separately – separation can still be cited.

  • Separation (5 years)

    You can apply for a civil partnership dissolution if you’ve been separated for at least five years, even if your partner does not give consent.

  • Desertion

    This is different to separation, in that desertion means that your partner has left you and your civil partnership for at least two years before you apply for dissolution. You can still cite desertion if you have lived together for up to six months during this period, but that will not count towards the two year period.

You must have been in your civil partnership for at least a year before you can apply for dissolution. Your solicitor will need your original civil partnership certificate or a certified copy as this will be lodged at court when the process is started.

It is at this stage that your solicitor would be able to make the application for a ‘conditional order’ – comparable to the decree nisi in a divorce case.

After the conditional order has been obtained, your solicitor will have to wait six weeks and one day before applying for the ‘final order’, the equivalent of the decree absolute in divorce proceedings.

Book Your Free Callback

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