Civil partnerships

If your relationship with your civil partner has come to an end and you wish to legally separate, you can do this by obtaining a Civil Partnership Order from the Court.

There are three ways in which civil partners can legally separate from each other. The first is by obtaining a Decree of Dissolution (this is the same as a Decree Absolute) which will dissolve your partnership in law.  The second is by obtaining a Nullity Order (this is the same as a Decree of Nullity) which will apply if your partnership is void or voidable.  The third is by obtaining a Separation Order (this is the same as a Judicial Separation) which formally records the fact that you have separated but does not dissolve your partnership in law.

The final two options given above are not commonly used and we will focus on a Decree of Dissolution in this factsheet.

However, if you would like further information upon Nullity and Separation Orders, please contact us.

How do I Apply for a Decree of Dissolution?

You will need to send a petition to the Court seeking a Civil Partnership Order. The person who applies to the Court for the Order is called the Petitioner. The person who receives the petition is called the Respondent.

What are the Criteria for obtaining a Decree of Dissolution?

You will need to have formed a civil partnership by registering as such either in the UK or outside of the UK under an Order in Council (in relation to registration at British consulates or by armed forces personnel) or by registering an overseas partnership.

Court proceedings can be started in the UK as long as at least one of you is domiciled or habitually resident here. You must have been in a civil partnership for at least 12 months and must be able to say that the relationship has broken down irretrievably.

What are the Grounds for Obtaining a Decree of Dissolution?

• You must be able to show that the relationship has irretrievably broken down due to one of four facts:
• Unreasonable behaviour: your partner has behaved so unreasonably that you cannot be expected to go on living with them
• 2 years of living separate and apart: you have lived separately for 2 years and your partner consents 
• 5 years of living separate and apart: you have lived separately for 5 years, your partner's consent is not required
• Desertion: your partner has deserted you for a continuous period of at least two years

Financial Arrangements upon Separation

There are likely to be arrangements which will need to be made to finalise your financial separation from your partner.

It is important to note that obtaining a Decree of Dissolution ends the civil partnership but not any financial claims you may have against each other.

Please see our Factsheet: 'Money following divorce' for further information including information relating to financial arrangements for civil partnerships seeking a Decree of Dissolution.

Steps We Will Take

• We will guide you through each step of the process. We will discuss the funding options available to you for such proceedings and ascertain whether you will qualify for financial help from the Legal Services Commission or, if not, the likely costs involved, to include solicitors costs and court fees.
• We will draft all of the necessary documents for you to progress your separation through to the Decree of Dissolution, which will dissolve your relationship in law.
• We will provide you with on-going advice at every step to keep matters moving smoothly should any complications arise. A common issue faced by Petitioners is their partner not engaging in the proceedings. We will provide you with the options available to you to ensure that matters can progress irrespective of their reluctance or, for example, if the petition is defended (or if you yourself want to defend the proceedings).
• We will communicate with the Court on your behalf and, if necessary, your partner or their legal representatives.

There are financial repercussions which flow from a Decree of Dissolution, particularly in regards to pension rights and it is always prudent to take specialist legal advice from us about your financial rights and responsibilities before ending your civil partnership.

Consideration should be given to making a Will as ending a civil partnership can affect a person's rights under a Will.

Our Assurance to You

We know that the breakdown of a civil partnership is traumatic. We are here to help, not hinder, and to do so cost-effectively and efficiently. At all stages we will advise you of the best way forward for you and will always keep the issue of costs and their impact on any settlement under review.

Our team of experienced and highly trained family lawyers will give you sound and comprehensive advice. We will always consider whether mediation is the right way forward for you.

We also have collaboratively trained lawyers.

Contacts

Simon Thomas, Zoe Porter, Sue Dowen, Rachael Shearmur, Penny Rogers, Catherine Reynolds, Rachel Chadwick.

NB – For cases involving foreign or forced marriages, specialist legal advice is required. Please contact Simon Thomas for further information.