The legal procedures are the last thing you want when going through such a stressful time such as ending a civil partnership. With the right solicitor by your side a lot of that stress and strain can be lifted.
Dividing finances, property and other possessions can be a strenuous process especially when already have to deal with the emotional side of terminating your partnership.
The situation can become even more difficult when children are involved.
What is a civil partnership dissolution?
It is a similar process to when a married couple divorce, after one year of being in a civil partnership you can apply to have it legally dissolved.
After applying to the Court giving your reasoning for ending you civil partnership, the Court will decide whether it can proceed, if allowed you can apply for your final order.
On what grounds can I end my civil partnership?
In order to dissolve your civil partnership you must prove that the relationship has “irretrievably” broken down.
When initiating the proceedings you must ensure your grounds for dissolution fit into one of the following scenarios:
- You cannot be reasonably expected to stay with your partner due to their behaviour, e.g abuse, violence, adultery, lack of affection or neglect.
- You have been separated for a minimum of two years and there is a mutual agreement for the dissolution.
- Your partner has deserted you for at least two years
- You and your partner have been separated for a minimum of 5 years – this is regardless of a mutual agreement is made to dissolve the civil partnership.
If you haven’t been with your partner for a year but you can prove you partner has behaved unreasonably then you can make an application to obtain a separation order.
I want my civil partnership dissolved, how do I do it?
Seeking permission from the Courts to terminate you civil partnership is done by filing a Dissolution Petition. When completing the petition you will have to state your reasons for your decision and pay a Court fee of £550.00.
When sending the documents you will need to enclose 3 copies along with either a cheque for the above stated amount or a letter requesting a phone call to take a card payment via telephone.
When terminating a civil partnership there are, of course, other thing to consider including any children who may be involved, financial, housing and other asset issues. It is important to seek legal advice and gain the support you need to ensure all you legal rights are covered.
What if I want to refuse the dissolution of my civil partnership, what can I do?
The basis of dissolving a civil partnership is that the relationship has “irretrievably” broken down, if you with to dispute this you must prove this is not correct or that the dissolution would cause “grave hardship” to you.
If you are able to prove to the Court that you have not behaved in a way that has put your partner in a situation where they cannot reasonably be expected to live with you, then this may help when contesting a civil partnership dissolution in the eyes of the Court.
To the same extent, if you have lived together in the last 5 years and you have not deserted you partner in the last 2 years then it is likely the Court will find even fewer reasons to dissolve the partnership.
However, if you have been separated for at least 5 years you can still dispute the dissolution of your civil partnership by providing evidence it will cause you financial difficulties or other serious consequences, or if children or any other person concerned would be negatively affected.
Contact us today:
Need to know more? Want help filing for a dissolution of a civil partnership? Has your partner filed for a dissolution and you want to contest this? Then contact our team of legally trained advisors today and we can provide you with the advise, guidance and help you need.