Dissolution of a Civil Partnership

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 partnerships in the UK are on the rise. In 2018 there were 956 Civil Partnerships formed in England and Wales in 2018. According to the Office for National Statistics this is an increase of 5.3% compared with 2017.

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.

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

• Aged 16 or over;
• They are not already married or in a Civil Partnership; and
• They are not closely related to each other.

People who are under the age of 18 will require their parents’ permission to enter into such an agreement. A Civil Partnership is entered into by signing and registering the Civil Partnership documents.

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.

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 five 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.

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, divorce you must complete an application form and submit it to your family court with a fee of £612.00 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. Depending on the arrangement, you may need to pay back legal costs if you receive financial help.

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.

The ground of unreasonable behaviour is a very broad ground and can cover anything done by your partner which results in you being unable to continue living with them. This could include committing a crime or domestic abuse. This ground also covers aspects such as your partner neglecting you, your partner exerting financial control or being irresponsible with finances, not providing you with enough time, doesn’t help with the household expenses or chores or has been unfaithful.

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.

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 can be concluded within 4 to 6 months. However, this will depend on how complex the matter is. If, however the matter is contested then this could take longer than 6 months.

Is a civil partnership similar to a marriage?

A Civil Partnership affords the couple 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.