Ending a civil partnership is a significant life event that involves both emotional and legal complexities. In England & Wales, the process for dissolving a civil partnership is similar to divorce but has its own specific legal framework. Whether you are considering ending your civil partnership or simply want to understand the legal process, it is important to be well-informed.
This detailed guide explains each stage, from meeting legal requirements to handling financial matters, ensuring the process is as smooth as possible.
The Legal Basis for Ending a Civil Partnership
A civil partnership is a legally recognised relationship between two partners that offers similar legal rights to marriage. However, unlike marriage, a civil partnership cannot be ended through divorce; instead, the process is known as dissolution.
The law governing the dissolution of civil partnerships in England & Wales is primarily set out in the Civil Partnership Act 2004 and has been influenced by the Divorce, Dissolution and Separation Act 2020, which introduced the concept of “no-fault” separation.
A dissolution legally terminates the civil partnership, allowing both individuals to remarry or enter into another civil partnership in the future.
Meeting the Basic Legal Requirements
To apply for the dissolution of a civil partnership in England & Wales, certain legal conditions must be met.
– Minimum Duration: You must have been in the civil partnership for at least one year before applying for dissolution. If your partnership is less than a year old, you will need to wait before beginning the process.
– Jurisdiction: You or your partner must have lived in England or Wales permanently or be domiciled there when submitting the application.
– Valid Civil Partnership: The partnership must have been legally registered under the laws of England & Wales. If your civil partnership was registered abroad, specific rules may apply.
Fulfilling these criteria ensures that the application is legally valid and can proceed through the court system.
The No-Fault Dissolution System
Historically, people seeking to dissolve their civil partnership had to provide evidence of wrongdoing or unreasonable behaviour. However, under the Divorce, Dissolution and Separation Act 2020, the legal grounds were simplified.
England & Wales now follow a no-fault system, meaning that one or both partners only need to confirm that the relationship has irretrievably broken down. No further proof is required, and neither partner has to blame the other.
The no-fault approach aims to reduce conflict and make the process more straightforward. It is also now possible for both partners to apply together, although one person can still file the application individually.
Step-by-Step Process of Ending a Civil Partnership
The legal dissolution process follows a structured procedure involving several key steps.
1. Submitting the Application
The dissolution process officially begins when one or both partners submit an application to the court. This can be done online through the government website or by using a paper form (D8). The applicant must pay a court fee, which, as of 2024, is £593. If both partners apply together, they share responsibility for the process.
2. Acknowledgement and Reflection Period
If only one partner applies, the other receives a copy of the application and must acknowledge receipt within 14 days. There is no option to contest the dissolution unless there is a legal reason such as jurisdictional concerns.
Once the acknowledgement is received, a compulsory waiting period of 20 weeks begins. This reflection period allows both partners time to consider their decision before proceeding. It also provides opportunities to settle financial and childcare arrangements.
3. Applying for a Conditional Order
After the 20-week reflection period, the applicant (or both partners jointly) can apply for a conditional order. The court reviews the application, and if everything is legally correct, the judge grants a conditional order. This confirms that the court sees no legal reason why the civil partnership cannot be dissolved.
At this stage, the partnership is not yet legally dissolved, and financial matters should ideally be settled before moving to the next step.
4. Applying for a Final Order
After waiting a minimum of six weeks from the conditional order, the applicant can submit an application for the final order. This is the last step in the procedure.
Once the final order is granted, the civil partnership is legally dissolved. Both partners receive a copy of the order confirming that they are no longer in a legal partnership.
Financial Settlements and Division of Assets
Ending a civil partnership also involves resolving financial matters, including property, savings, pensions, and debts. While the dissolution process itself does not determine financial settlements, both partners should reach a financial agreement separately.
Reaching a Financial Settlement
To avoid disputes, partners can come to an agreement and submit a financial consent order to the court for approval. This legally binds the settlement, preventing future financial claims. If an agreement cannot be reached, financial mediation or a court order may be necessary.
Financial Court Orders
If mediation is unsuccessful, the court can issue financial orders to fairly divide assets. These may include:
– Lump sum orders: One partner pays a fixed sum to the other.
– Property adjustment orders: Deciding what happens to shared property.
– Pension sharing orders: Splitting pension entitlements fairly.
– Spousal maintenance orders: Ongoing financial support, in some circumstances.
Reaching a financial settlement ensures that both parties can move forward securely. Seeking legal advice at this stage is highly recommended.
Arrangements for Children
If the civil partnership involved children, agreeing on child arrangements is crucial. The law focuses on the child’s best interests, ensuring their well-being is prioritised.
Parental Responsibility
Both civil partners may retain parental responsibility if they were both legal parents. This means they both have the right to be involved in major decisions regarding the child’s upbringing, education, and healthcare.
Agreements on Child Arrangements
Former partners are encouraged to reach mutual agreements on where the child will live and how contact with each parent will be maintained. If a dispute arises, family mediation is often the best way to resolve conflicts.
Court Orders if Necessary
If agreements cannot be made, either partner may apply for a child arrangement order. The court will determine living arrangements based on the child’s best interests, considering factors such as stability, emotional well-being, and current relationships with both parents.
Common Challenges in the Process
Although the dissolution process is designed to be straightforward, challenges can arise. Some of the most common issues include:
– Disagreements over financial settlements: Asset division can be a source of dispute, requiring legal negotiations.
– Childcare disputes: Ensuring suitable arrangements for children can sometimes be difficult.
– Refusal to cooperate: If one partner does not acknowledge the dissolution application, delays may occur.
– Emotional difficulties: The process can be emotionally stressful, making it important to seek both legal and emotional support.
Seeking Legal Advice and Support
While it is possible to handle the dissolution process independently, seeking legal advice can be beneficial. A solicitor specialising in family law can provide clarity on financial settlements, child arrangements, and complex issues that may arise during the process.
Other sources of support include family mediation services and support organisations that offer guidance on emotional and legal aspects of separation.
Moving Forward After Dissolution
Ending a civil partnership marks the beginning of a new chapter in life. While the legal side is essential, taking time for emotional recovery and adjusting to new circumstances is equally important. Seeking support from family, friends, and professional counsellors can help ease the transition.
Understanding the legal process allows for better preparation and reduces uncertainty. By following the correct procedures and seeking professional advice where necessary, individuals can navigate the dissolution of a civil partnership with confidence and fairness.