Couples who enter into a civil partnership have the same legal rights as those who are married, and this includes following a formal process to dissolve it. The first step in dissolving a civil partnership involves applying to the court, which can be done by one party or by submitting a joint application.
Couples who enter into a civil partnership have the same legal rights as those who are married, and this includes following a formal process to dissolve it. The first step in dissolving a civil partnership involves applying to the court, which can be done by one party or by submitting a joint application.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Liza Gatrell. Vicki is a trusted and highly capable family lawyer and divorce solicitor and a Partner at the specialist family law firm, Stowe Family Law.
Taking into account the minimum 20-week waiting period, and then an additional 6-week wait between receiving the conditional order and final dissolution order, it will take around 6-7 months to complete. It is important to stress that this is a minimum timeframe and could take much longer, depending on how fast the court processes the application.
In addition, if there are outstanding financial or children issues to be determined, obtaining the final order may take much longer.
Can my ex-partner dispute the dissolution application?
The grounds for disputing the dissolution of a civil partnership are limited to the following circumstances:
- The respondent believes the court does not have the jurisdiction to conduct dissolution proceedings in their case. This could be because neither party lives in, or has any connection to, the jurisdiction in England and Wales, for example.
- The civil partnership is not valid
- The civil partnership has already been legally ended
Is it easier to dissolve a civil partnership than a marriage?
Couples in civil partnerships have the same rights as married couples and the process for dissolution follows the same procedure as divorce. There is only one ground for dissolution – the irretrievable breakdown of the civil partnership. The conditional order is the first of two orders in the dissolution process and confirms that the parties are entitled to dissolve the civil partnership. The applicant can then apply for a final order six weeks and a day after the conditional order has been granted.
After the final order has been granted, the civil partnership will be dissolved. The final order also affects inheritance, and it is therefore sensible to think about making a will or reviewing an existing will.
What are the financial implications of a civil partnership dissolution?
If you and your ex-partner have decided how you are going to divide the partnership assets, you should have it formalised in a Consent Order. This is a legally binding document that records what you have agreed and can include things such as a clean break, which will ensure neither party can make a future claim against the other. The consent order will often be processed alongside the dissolution itself and may mean the relationship can be dissolved in around 6 months.
If you cannot reach a settlement, and negotiations via a solicitor or mediation have not found an acceptable solution, it may be necessary to apply to court for a financial order. This may extend the amount of time it takes to obtain a final dissolution order, depending on the complexity of the finances concerned.
What things does the court consider during a financial settlement?
Reaching a settlement for a civil partnership follows the same process as that of divorcing married couples. It also takes account of the same factors the court must consider:
- The age of the parties
- Length of the civil partnership
- The current and future earning capacity of each party
- Any childcare arrangements
- Contributions made during the civil partnership, both financial and otherwise
- Standard of living during the civil partnership and ongoing living expenses
- The property and assets to be divided including things such as pensions, businesses, savings, and investments
The starting point is one of equality, but there may be reasons for a departure from a 50:50 split. If one party has taken on more of the childcare, for example, this might influence division, especially if their own career and therefore earning capacity has been adversely affected.
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