Civil Partnership Dissolution

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Civil Partnership Dissolution

In the same way married couples can seek a divorce, civil partners can seek dissolution of their relationships.

Although documentation is different, they do mirror each other insofar as the information and remedies available to divorcing couples are also largely available to civil partners.

Often, you may see a dissolution referred to as ‘civil partnership divorce’ – highlighting the similarities.

How a Civil Partnership Dissolution Works

The end of a relationship can be a stressful and emotional time for all parties concerned, with the likelihood that you will have to make difficult decisions about your home, children and dividing your assets.

This is never the plan for any couple, so it is understandable to be unfamiliar with the process, so allow us to explain.

A civil partnership dissolution begins by first assessing the length of time the civil partnership has been in place, this is because ending a civil partnership via dissolution means that it must have been in place for at least a year.

The following stages are similar to that of a divorce, while one party files for a dissolution of civil partnership, it is typically on the grounds that the partnership has irretrievably broken down, this might be as a result of these following reasons, however every case is unique:

Unreasonable behaviour
Desertion
Two years’ separation with consent
Five years’ separation without consent

If the other party then agrees to settle all aspects that come along with individual cases, (such as child custody, finances and property arrangements) then the continuation of the case can be relatively straightforward. That being said, there can be complications if one party is unwilling or unhappy to settle and there are disagreements.

If this does occur, civil partnership solicitors can assist in court hearings. However, with our help, we will do the utmost to keep it out of the court house and within the realm of settlements for a succinct resolution.

Why Choose BBS Law for Civil Partnership Dissolution

Our experienced family law team comprises accredited experts, collaborative lawyers and trained mediators. They are able to offer advice on your situation, enabling you to make an informed decision about how to proceed.

Depending on whether you need to negotiate, collaborate, mediate, or litigate, we will partner you with the best person to resolve your case.

They will be available to answer any questions you may have, keep you up to date on any developments and make you aware of the legal costs involved.

We take pride in resolving a dissolved civil partnership through communication, not confrontation. We are members of Resolution, the specialist family law association for family justice professionals which is recognised for its constructive approach to family problems committed to reducing conflict.

As such, we discourage unnecessary arguments or costs and instead put our efforts into providing straightforward advice and minimising the strain that proceedings place on you.

When a Civil Partnership Is Void

A civil partnership will be void if certain conditions have not been met. On these occasions, you will be able to end your civil partnership through an annulment. These conditions are:

Either party was under the age of 18 at the time of the civil partnership.
Required formalities not complied with.
Both parties are not already married or in a civil partnership (Bigamy);
The parties are too closely related.

Please speak to our family law solicitors if you think annulment is an option for you.

Get in Touch with Our Civil Partnership Solicitors

If you’re in a position for civil partnership dissolution, get in touch with our team and for more information, see our FAQs below.

Frequently Asked Questions

Is civil partnership dissolution the same as divorce?

No, a dissolution order will legally end a civil partnership whereas a divorce AKA final order of divorce, will legally end a marriage. However, it is similar to the extent that for the most part all information in relation to marriage breakdown applies equally to civil partners.

Can I dissolve a civil partnership to get married?

No, as the ground for dissolution is irretrievable breakdown. However, if you are a same-sex couple you will be able to convert your civil partnership into a marriage in England and Wales. You will get a marriage certificate dated when your civil partnership was formed.

Can I enter into a prenup with a civil partnership?

No but Civil partners can enter into pre-registration agreements which regulates your rights and obligations towards each other and details what should happen if your relationship breaks down.

Does a civil partnership override a will?

You will need to make a new Will after you receive the final dissolution order as certain provisions in the Will will no longer be viable. You can speak to our private client team about making a will after separation.

What is judicial separation?

Judicial separation does not legally end a relationship in the same way as a divorce or dissolution, but it does formalise the arrangements at the end of a marriage/civil partnership and end the “marital obligations”. Please get in touch with our Family Law Team to see whether this option is right for you.

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Needing a lawyer in a different country was a bit overwhelming living in the US. Gemma Barnhurst was lovely to work with. She put me at ease and provided good counsel. I am glad I was referred to BBS Law by a friend and would recommend them to anyone else needing similar services.

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