The dissolution of a civil partnership is similar in many ways to the process of getting a divorce. As with a divorce, or other family law issues like adoption, children disputes and wills and probate, the experts at Higgins Miller help clients to deal with the technical aspects of the end of a civil partnership as well as offering emotional support. As with many of the cases we deal with, our advice for anyone undergoing the dissolution of a civil partnership is for both parties to deal with the issues as amicably as possible, and reach agreements wherever they can, without having to resort to going to court.
The process of dissolution of a civil partnership involves applying for a dissolution order which formally dissolves the partnership. In order to do so you simply need to download the correct forms from the government website. Although the forms for the end of a civil partnership may seem simple at first glance, we know from experience that things can quickly become complicated, particularly if – as is often the case – there are questions of childcare that need to be considered or financial arrangements that have to be made. For this reason, we would always recommend consulting with experts like those at Higgins Miller before embarking on the dissolution of a civil partnership. There is always the chance that an ex-partner will refuse to cooperate with the process. While – as with divorces – it is now possible to seek a ‘no fault’ dissolution of a civil partnership, a partner refusing to cooperate could still make things more complicated, with the result that it is even more important to seek expert advice.
Our expert advice during the dissolution of a civil partnership will centre upon the importance of reaching an amicable agreement on issues such as childcare and dividing any joint assets, including the family home. Although this might sound like a tall order when first embarking on the dissolution of a civil partnership, we know from experience that it can be achieved, even if the help of a professional mediator is required, and that coming to an agreement will always be preferable to asking the courts to decide for you.
The application for dissolution of a civil partnership will state that the relationship has broken down irretrievably. In the past, as with divorce cases, this would have meant coming up with grounds for the dissolution of a civil partnership, such as adultery, unreasonable behaviour and desertion. Since April 2022 it has been possible to apply for dissolution of a civil partnership without having to provide a reason, merely by stating that the relationship has broken down. Although it is possible to make a joint application for dissolution of a civil partnership, you no longer need the agreement of your partner to dissolve the partnership, and can make the application on your own. In order to keep the end of a civil partnership running smoothly we would advise our clients to send a copy of the application to their ex-partner before submitting it. Once the application has been agreed by the court they will send a copy to your ex-partner, known as the respondent, together with an acknowledgement of service form for them to fill in. Your ex-partner will be allowed 14 days to fill the form in, acknowledging receipt of the application and confirming that they will not be disputing it, before sending it back to the court. Since the change in the law it is extremely rare for partners to dispute the dissolution of a civil partnership. The only reasons which they can claim for not agreeing to the dissolution of a civil partnership are as follows:
- The civil partnership was never valid to begin with
- They are of the opinion that the civil partnership has already been dissolved
- They don’t believe the court has jurisdiction over the civil partnership
Assuming that your ex-partner realises they have to cooperate with the end of a civil partnership there will follow, once the acknowledgement of service has been returned, a wait of 20 weeks, after which you can apply for a ‘conditional order’. This order is the court confirming that you have satisfied all legal requirements needed to be able to dissolve your civil partnership. The conditional order is made at a court hearing, but there is no need – in the majority of cases – for you to attend this hearing.
Once the conditional order has been made, you then have to wait for a minimum of six weeks and one day before applying for the ‘final order’. The final order is the last stage of the dissolution of a civil partnership. We always advise clients not to rush into applying for the final order, particularly if there are still questions over financial matters or childcare arrangements. Once both parties have accepted that the dissolution of a civil partnership is happening, it is best to work through the details of financial and child care matters as thoroughly and carefully as possible, utilising professional mediation if need be, in order to decide things in a calm manner which will be fair to both parties. This is particularly the case where children are involved, and both parties want to reach an agreement that best protects the welfare of those children. If an agreement on issues such as these can’t be reached and a financial order agreed upon then both parties will have to apply to the court for a judgement, something which adds to the stress and expense of the process and makes things much more unpredictable Once an agreement has been reached, with the help of the legal experts at Higgins Miller, the final order will mark the point at which the dissolution of a civil partnership becomes official.
If you’d like to find out more about the dissolution of a civil partnership please call us on 0161 429 7251 or email us at [email protected]. We’ve recently passed our Cyber Essential accreditation, something which demonstrates our forward-thinking attitude and determination to remain ahead of the competition. The first 20-minute appraisal is provided free of charge, and we’ll give you the first appointment for a fixed fee, so you don’t have to worry about how much our advice is going to cost. If you want to explore our wider charging system, please look here.