A civil partnership is a way for couples, irrespective of their gender, to formalise their relationship, without getting married. A civil partnership gives the relationship legal recognition.
Civil partnerships create the same legal rights as marriages. These rights include those in relation to property and assets, tax treatment such as couples’ allowances and the same rights which apply in terms of inheritance tax. Civil partners can also apply for parental responsibility for a partner’s child or children.
A civil partnership gives a couple benefits that are not extended to people who are cohabiting. By entering a civil partnership, you become ‘Civil Partners’.
What happens if you end a civil partnership?
The process for ending a civil partnership is almost identical to the divorce process. However, legally, you do not get ‘divorced’ from a civil partnership. The correct term for the end of a civil partnership is a ‘dissolution’.
A Final Order is a legal document from the Court that terminates a civil partnership. Once a Final Order is made your Civil Partnership is dissolved and you are free to enter into another civil partnership or marry.
It is important to note that dissolution may mean that certain provisions in your Will do not work as you might have intended them to. You will need to make a new Will quickly after the Final Order is made (or in contemplation of dissolution) to ensure your wishes are carried out in the event of your death.
When can I end a civil partnership?
For civil partnerships in England & Wales you can apply to end (‘dissolve’) your civil partnership if you have been in the partnership for over a year. You must apply to a court to do this.
If you are not ready to dissolve your civil partnership or have been in a civil partnership for less than a year, you could make a Separation Agreement instead. In a Separation Agreement, you and your ex-partner can set out how you will manage day-to-day arrangements such as organising finances and caring for any children you may have.
The benefit of a Separation Agreement is that it gives you more time to think and reflect.
What documents do I need to provide to end my civil partnership?
You must provide the Court with a certified copy of your civil partnership certificate with your application. If you cannot find your civil partnership certificate, you can apply for a copy from the Registry Office in the district where you entered into the civil partnership or from the General Register Office.
If your civil partnership certificate is in another language you must arrange to have it translated and the translation certified by a notary public.
How to end a civil partnership
The procedure for ending a civil partnership is that you must confirm that your civil partnership has irretrievably broken down. Irretrievably broken down means the civil partnership has ended permanently and cannot be fixed.
It is no longer necessary to prove any specific ground for dissolution. The Court will rely on your declaration of the breakdown, and, if satisfied with the information provided, will process the dissolution.
Either civil partner may apply to end the Civil Partnership. There are two ways to end a civil partnership – A sole application, or a joint application.
Sole application
A sole application is made by one party to the civil partnership. The person applying for the dissolution will be the applicant, and the other partner will be the respondent.
Joint application
If you and your civil partner agree that ending the civil partnership is the right way forward, you can apply jointly to end your civil partnership. One of you will be applicant 1 and the other will be applicant 2. Both of you will need to complete the Dissolution application form. Applicant 1 will complete most of the form. Other than that, it does not make any difference which of you is applicant 1 or 2.
The key benefits to a joint application for ending a civil partnership are as follows:
- An amicable dissolution – Joint proceedings reflect the fact that a couple both agree that the partnership has irretrievably broken down.
- Easier and quicker – By ending a civil partnership jointly, a couple can navigate the process together.
- No nasty surprises – Both parties are aware of the dissolution from the outset.
- Mutual Involvement – As both parties are fully involved in the process, neither party will feel left out as they are sharing the responsibilities and decisions involved.
- Emotional preparation – A couple can proceed when they both feel ready – allowing them time to emotionally prepare.
- Less acrimonious and traumatic – As both parties are jointly involved and have chosen to file together to reach a peaceful resolution, they can focus on the future, and not on the past. This encourages couples to cooperate constructively when considering important issues such as financial arrangements and arrangements for the children.
- Far cheaper – By ending a civil partnership jointly there is only one legal cost involved as you can receive joint legal advice (instead of paying for two separate lawyers).
Once the application has been agreed and issued by the court, a copy will be sent to your partner with an acknowledgement of service form.
The other party has 14 days to complete the acknowledgement of service form, confirming they have received the Dissolution application and that they will not be disputing it, and sends it back to the court.
With a joint application for ending a civil partnership you will both have to separately confirm that you want to continue with the application at each stage of the process. If your partner stops responding, you will be able to continue with the application as a sole applicant.
You must then wait 20 weeks before you can apply for a ‘Conditional Order’. The Conditional Order is confirmation from the Court that you have satisfied the legal requirements to dissolve your civil partnership.
After the Conditional Order has been granted, you must wait six weeks and one day before applying for the ‘Final Order’. This is the final stage in the dissolution process. The issue of the Final Order officially dissolves the civil partnership.
How long does it take to end a civil partnership?
The time limits for ending a civil partnership takes approximately 7-8 months from application to Final Order. However, the process is likely to take longer depending upon how long it takes for the court to process each stage of the dissolution and how long it takes each civil partner to respond.
Frequently asked questions about ending a civil partnership
What is the difference between divorce and dissolution?
The main difference relates to the type of legal relationship they end. Divorce is the legal process used to end a marriage. Dissolution is the legal process to end a civil partnership.
What are the reasons for ending a civil partnership?
The only reason required to end a civil partnership is if you believe your partnership has irretrievably broken down. This means that your relationship has permanently ended and cannot be fixed.
Is behaviour a ground for the dissolution of a civil partnership?
It is no longer necessary to prove fault or make allegations against your partner to obtain a dissolution. The only requirement is that you consider the partnership to have irretrievably broken down.
When can I end a civil partnership?
You can end a civil partnership anytime after 12 months from the date of your partnership.
Can I end my civil partnership within 12 months?
For a dissolution of a civil partnership, you must wait at least 12 months before being able to commence proceedings to end the relationship. Whilst you cannot get a dissolution, there are some alternatives available within the 12 months:
If you believe your civil partnership was not legally valid, you may be able to obtain an annulment on the grounds it is a void.
You can enter into a Separation Agreement, which lets you and your partner agree on separation details in preparation for a dissolution.
Is it possible to apply for a quick no fault dissolution?
There are no “quickie” dissolutions. It takes on average 37.5 weeks from start to finish to finalise a dissolution. However, if you make a joint application for dissolution this may shorten the process as an Acknowledgment of Service will not have to be sent as both parties are applying for the dissolution.
How much does it cost to dissolve a civil partnership?
We charge £120 to dissolve a civil partnership. There will also be a court fee payable to the Court of £593.00.
In total the dissolution of civil partnership process is £793 including VAT when using our Dissolution service.
Do dissolution proceedings automatically deal with financial matters?
A Final Order in dissolution ONLY brings the civil partnership to an end. It does not deal with financial matters. Financial matters arising from the dissolution is a separate process and must be dealt with separately.
Is there a time limit to complete financial matters after dissolution?
There is NO time limit in divorce and dissolution. In a 2023 case, a wife was allowed to make a financial claim against her husband 29 years after their divorce.
Unless you have an Order dealing with financial matters approved by the Court – financial claims are still alive. Accordingly, it is a good idea to finalise financial matters as soon as possible.
Is it better to finalise the dissolution or finances first?
It is better to reach a court approved financial agreement before completing the dissolution. The Final Order of dissolution affects yours and your partner’s claims on each other’s pensions & estate. If you apply for the Final Order of dissolution before reaching a financial settlement, and your partner dies – you will not be entitled to claim on their estate or receive death in service benefits. It is therefore better to delay finalising the dissolution until you have a financial agreement in place.
What are my financial rights when ending a civil partnership?
Civil partners have the same financial rights as married couples who are divorcing. They can claim maintenance, lump sum payments, orders for the sale or transfer of property, and pension orders.
Housing rights after a Dissolution
Unless a court orders otherwise, both civil partners have a right to stay in the family home they shared during their relationship, and neither can force the other to leave.
This is regardless of whether the property is owned or rented and whose name is on the mortgage or lease. In the long term, housing and finances are matters that need to be agreed when your Civil Partnership is dissolved and are regarded as a separate matter.
Does remarriage affect financial claims?
If you remarry or enter into another civil partnership without reaching a Court approved financial settlement, you will not be allowed to make financial claims against your ex. It is therefore a good idea to resolve financial matters any time after your dissolution, but before you remarry or enter into another civil partnership.