Dissolution of a Civil Partnership

Part of: Divorce Specialists

Not all relationships are made for life. There may come a time where a couple will need to end their relationship and move on with their personal lives. Most commonly, following family disputes or due a breakdown of trust and relationship all relationships and marriages may come to an end. Such a scenario may require divorce proceedings to end the tie you have created with your partner. But what happens when the relationship is not of marriage but a Civil Partnership? This page starts with what a civil partnership actually is, then explains how to end one.

How do you dissolve a civil partnership in England and Wales?

You dissolve a civil partnership by applying to the family court for a dissolution order, alone or jointly, once you have been in the partnership for over a year. Since 6 April 2022 the process has been no-fault: the only ground is that the partnership has broken down irretrievably, and a statement saying so is enough, so nobody has to prove behaviour or a period of separation (Divorce, Dissolution and Separation Act 2020). After the court issues the application you wait 20 weeks before applying for a conditional order, then 6 weeks after the conditional order before applying for the final order, which ends the partnership (GOV.UK). Dissolution does not settle money or property. Civil partners have the same financial claims as spouses (Civil Partnership Act 2004, Sch 5), and an agreement about them is only binding once the court makes it a financial order. Kabir Family Law can take you through each stage and the financial claims alongside it.

What is a Civil Partnership?

A civil partnership is a legal relationship between two people, registered under the Civil Partnership Act 2004, which gives them broadly the same rights and responsibilities as a married couple. That definition holds across the UK, although Scotland and Northern Ireland sit under their own Parts of the Act and have their own procedure, and this page describes the position in England and Wales. You enter one by signing a register rather than by exchanging vows, and once it exists only a court can bring it to an end. That ending is called dissolution, and it is what the rest of this page explains.

A relationship does not have to be tied down in the bond of a marriage. Some couples may look to enter a Civil Partnership. According to the Citizens Advice Bureau a Civil Partnership is a legal relationship which can be entered into and registered by 2 people who are not related to each other. Civil partnership formations in England and Wales are rising. There were 7,547 formed in 2023, made up of 6,179 opposite-sex and 1,368 same-sex partnerships, according to the Office for National Statistics. Opposite-sex couples, who have only been able to register since December 2019, now account for more than four in five of them, and that is what is driving the trend.

In the United Kingdom, Civil Partnership is governed by the Civil Partnership Act 2004. A civil Partnership is a relationship between 2 partners of either the same sex or different sex and is formed by registering as civil partners of each other, unlike marriage it does not carry the same religious connotations.

What does “civil partner” mean?

A civil partner is one of the two people in a registered civil partnership. The word describes the person; “civil partnership” describes the legal relationship between them. In practice a civil partner stands where a husband or wife would stand: the same position as next of kin, the same rights on inheritance, pensions and tax, and the same financial claims if the relationship ends.

The title applies to both same-sex and opposite-sex couples. Since December 2019 opposite-sex couples in England and Wales have been able to register a civil partnership instead of marrying. Being a civil partner is not the same as living with someone, however long you have lived together, because living together on its own gives you none of these rights. You are a civil partner from the day the partnership is registered until a final order of dissolution, an order of nullity or a death brings it to an end.

How are Civil Partnerships formed?

Two people from either the same sex or opposite sex can enter into a Civil Partnership provided they are:

• Aged 18 or over;
• They are not already married or in a Civil Partnership; and
• They are not closely related to each other.

The minimum age rose from 16 to 18 on 27 February 2023, when the Marriage and Civil Partnership (Minimum Age) Act 2022 amended the eligibility test in section 3 of the Civil Partnership Act 2004. There is no longer any route in for someone under 18, and parental permission does not create one. A Civil Partnership is entered into by signing and registering the Civil Partnership documents.

How do you register a civil partnership?

In order to successfully register a Civil Partnership, there are 2 steps which need to be adhered to. The first step is to provide notice of your intention to register a civil partnership. The second step is to register the civil partnership.

Both, you and your partner must inform the local register office where you live of your intention to register a civil partnership. When giving notice of your intention to register a civil partnership you will be required to provide details of the venue and date where the civil partnership is to be registered. As well as this, personal information will need to be provided such as your names, addresses, age, nationality and whether you have been in a marriage or civil partnership prior to this registration. The details you provide will be available for other people to see for 28 days before you can register your civil partnership. The purpose of this is to provide people with an opportunity for objections to be made.

If after the 28 days, there are no objections then you can register your civil partnership. After the 28 day period you will receive a civil partnership schedule from the register office, and you will be required to register your civil partnership within 12 months. Failing to register your civil partnership within this time will mean you will need to commence the whole process again.

When forming a civil partnership, it is important to note that you cannot have a religious ceremony. However, you have a civil ceremony at either a register office or any venue approved by the local council. In order to complete the registration of your civil partnership you must have at least 2 witnesses at the ceremony. A registrar will need to be present at your civil partnership but must not include anything which is religious.

What is the process for ending a civil partnership?

Ending a civil partnership is also known as a dissolution of a civil partnership or a civil partnership divorce, and under the new law the current process is a no-fault dissolution. Similar to a divorce in marriage, a civil partnership separation is also carried out by a family court. A joint application is now possible under the current process. Before ending a civil partnership there are certain conditions which a couple must be able to satisfy for the dissolution of civil partnership to proceed. You must satisfy the eligibility for Civil Partnership Dissolution requirements. The previous four facts for proving breakdown have been removed.

It is important to note when considering a civil partnership separation, the couple will have the same claims as a spouse does in the case of a marriage. These claims include and are not limited to financial settlement, transfer of property as well as pension sharing orders.

Obtaining a dissolution of civil partnership order?

In order to legally terminate your civil partnership an application will need to be made to the family court for a dissolution order where you can satisfy the eligibility for Civil Partnership Dissolution. The Family court will only consider an application for ending a civil partnership where you have been in a civil partnership for at least one year.

In order to undergo a civil partnership dissolution you must complete an application form and submit it to your family court with a fee of £628 in England and Wales. The application form which you must complete is the D8 Application for a divorce, dissolution or to apply for a (judicial) separation order. If you are on a low income, you may qualify for help with fees.

What are the eligibility for Civil Partnership Dissolution requirements?

When successfully ending a civil partnership, it can only legally end through the court process once the legal requirements are met. The grounds for a civil partnership separation are no longer based on proving fault in the same way as a divorce. Under the current law, the Civil Partnership must have irretrievably broken down, and a statement confirming the irretrievable breakdown is treated as sufficient evidence for the court. After the application, the next stage is the conditional order, which you can apply for only after a minimum 20-week waiting period.

Does unreasonable behaviour still matter when ending a civil partnership?

Not for the dissolution itself. Unreasonable behaviour used to be one of the facts you had to prove, and it was a very broad ground which could cover anything done by your partner that resulted in you being unable to continue living with them. Since April 2022 you no longer have to give any reason at all, and the court will not weigh up who was at fault before ending the partnership.

Behaviour can still matter elsewhere. Conduct such as committing a crime or domestic abuse, your partner neglecting you, your partner exerting financial control or being irresponsible with finances, not providing you with enough time, not helping with the household expenses or chores, or being unfaithful can still be relevant to a protective order, to the arrangements for your children, and in a small number of cases to how the finances are divided. This is the point people most often get wrong. They assume the behaviour they have put up with will be recognised somewhere in the dissolution paperwork, and by the time they find out it is not, the financial claims may already have been settled on the wrong basis. If behaviour has affected you or your children, tell us early, so that it goes into the protective or children application where it can actually count, rather than into the dissolution application where it will not.

Can family law specialists assist with my application for a civil partnership separation?

Family law specialists often possess the requisite skills and knowledge to be able to assist you in filing for your dissolution of civil partnership. At Kabir Family Law, our family lawyers have experience with dealing with all aspects of family law. They possess a great amount of knowledge and have vast skills in dealing with ending a civil partnership. Contact us today to see how our family law specialists can assist you with your dissolution of a civil partnership.

It is sensible to seek legal advice early so you understand your options. We can guide and assist clients through the whole process from attempting to reconcile your differences, assisting you with complete the application form, to mediation as a cost effective way to reach agreement on financial arrangements and child arrangements.

Collaborative practice can also help you and the other party resolve issues amicably without immediate court proceedings. Mediation is voluntary and any outcome is not legally binding unless formalised. With local knowledge our family law specialists will assist you in submitting your civil partnership divorce form to your local court, making it more convenient to attend the court should the need arise to do so.

What happens once a dissolution of civil partnership application is submitted to the family court?

How long does the process take to end a civil partnership?

Once an application has been made to the court the time taken to terminate a civil partnership will depend on whether the dissolution process is contested or not. A straightforward uncontested application for a civil partnership separation takes at least six months, and often longer. The 20-week wait before the conditional order and the further 6 weeks before the final order come to 26 weeks on their own, before the court has processed anything, which is why GOV.UK says it normally takes at least 6 months. If the matter is contested, or the finances are still unresolved, expect longer.

What needs to be agreed for children?

There is no single “custody” arrangement that fits every family. Modern family-law practice focuses on child arrangements: the practical plan for each child’s care and upbringing. An agreement should be sufficiently detailed to be reliable, but flexible enough to reflect the child’s age, needs and changing circumstances.

• Where the children will live during the school week and at other times.
• The time they will spend with each parent, including handovers, weekends, midweek time and holidays.
• How parents will communicate about the children and share important information.
• School, nursery, health, special educational needs and extracurricular decisions.
• Arrangements for birthdays, religious or cultural events, travel, passports and contact with wider family.
• How child maintenance and child-related costs will be met.
• A sensible process for reviewing the arrangements as the children grow older or circumstances change.

The child’s welfare comes first

If the Family Court is asked to determine a dispute about a child’s upbringing, the child’s welfare is its paramount consideration. The court must also bear in mind that delay is likely to prejudice welfare. In relevant contested applications, it considers the statutory welfare checklist, including the child’s wishes and feelings where appropriate, needs, the effect of change, relevant characteristics, actual or potential harm, each adult’s ability to meet needs and the available court powers.

The court is not concerned with creating a mathematically equal division of time between adults. It will consider what genuinely promotes the particular child’s welfare. Safe involvement of each parent is generally important, but the law does not prescribe one model of care or a fixed number of nights.

Parental responsibility after civil partnership dissolution

Separation or dissolution does not by itself remove parental responsibility. A person with parental responsibility remains expected to play an appropriate role in important decisions about the child, unless a court order or safeguarding issue dictates otherwise. Day-to-day decisions are usually taken by the parent caring for the child at the time; significant decisions should normally be discussed with everyone who has parental responsibility.

Whether a non-biological civil partner has parental responsibility depends on the facts — for example, how the child came into the family and whether parental responsibility was acquired by agreement or court order. This can be an area where tailored advice is essential, particularly in assisted-conception, adoption, surrogacy or blended-family cases.

When agreement is possible

An agreed plan usually gives children more predictability and protects them from adult conflict. Parents can reach agreement directly, through lawyers, mediation, collaborative law or another non-court dispute-resolution process. GOV.UK identifies a child arrangements plan and mediation as routes that may help parents agree without going to court.

If agreement is reached, consider whether it needs to be formalised. A written parenting plan can be enough for many families. A consent order may be appropriate where legally binding child-arrangements terms are needed, although a court will only make an order where doing so is better for the child than making no order.

When a court application may be needed

A court application may be necessary when meaningful agreement cannot be reached or where the child’s welfare requires an urgent decision. Depending on the problem, a person may seek a child arrangements order, a prohibited steps order or a specific issue order. In most non-urgent cases, an applicant must first consider mediation and attend a MIAM (Mediation Information and Assessment Meeting), unless an exemption applies.

• A child arrangements order can set out with whom a child is to live, spend time or otherwise have contact.
• A prohibited steps order can prevent a parent from taking a particular step without the court’s permission, such as removing a child from school or taking them abroad in certain circumstances.
• A specific issue order can resolve a defined question, such as school choice, medical treatment or an aspect of overseas travel.

Urgent advice should be sought where there are allegations or evidence of domestic abuse, coercive control, neglect, safeguarding risks, threatened abduction, or a sudden removal of a child. Safety planning and protective remedies may be more important than ordinary negotiation in these circumstances.

Common questions about dissolving a civil partnership

Is a civil partnership similar to a marriage?

A Civil Partnership affords the couple broadly the same rights as married couples. The process of ending a civil partnership, which is known as a dissolution of civil partnership, is also very similar to divorce for married couples, and under the new law both now follow a no-fault approach. To end your civil partnership, either you can make a sole application or both of you can make a joint application.

Do we need a court order if we agree?

No. Many parents make workable arrangements without one. A court order may be useful where clarity, enforceability or a particular legal issue makes it appropriate. The court applies the “no order” principle: it should not make an order unless that is better for the child than making no order.

Can the final dissolution order decide child arrangements?

The dissolution ends the civil partnership. It does not automatically determine a child’s living or contact arrangements. Those arrangements need to be agreed separately or determined through a relevant children application if agreement is not possible.

Does one parent have a right to 50/50 care?

There is no automatic entitlement to equal time. Arrangements should be based on the individual child’s welfare, safety, routines and needs, as well as each parent’s ability to meet them.

Can a civil partner apply for an order concerning a child who is not biologically theirs?

Potentially, but eligibility and parental responsibility depend on the family’s circumstances. A party to a civil partnership may be able to apply where the child is a child of the family, among other routes. Obtain advice on the specific facts.

What if domestic abuse is involved?

Do not assume mediation or direct negotiation is appropriate. Seek prompt specialist legal advice. The court and relevant professionals will need to consider safety, risk and protective measures.

Can we change an arrangement later?

Yes. Arrangements should be reviewed as children grow and circumstances change. If an existing court order no longer works, it may be possible to agree a variation or apply to vary it.

Speak to us today to discuss your dissolution of a civil partnership enquiry

Your first conversation with us is free, and it is the quickest way to find out whether yours is the straightforward kind of dissolution that runs on the standard timetable, or the kind where the finances and the children need sorting out alongside it. Contact us today on 0330 094 5880 to discuss your options, or let us call you back to discuss your civil partnership enquiry. You can otherwise book a time that suits you.

With family lawyers in Northampton as well as across the country, we are able to offer local appointments at a branch closest to you.