By Leah Caldwell | Divorce | November 2024
Ending a Civil Partnership
If you are considering ending your civil partnership, it is important to clearly understand the legal requirements, process, and costs involved. Understanding your options for resolving financial matters and disputes is essential, and seeking legal advice at an early stage can be helpful. In this blog, we will guide you through the process of ending a civil partnership and help you to understand your options.
What is a civil partnership?
A civil partnership is a legal relationship between two people of the same sex or opposite sex in the UK. The legal recognition and rights are similar to marriage, which include inheritance rights, tax benefits, and the ability to make medical decisions for each other.
What is the process of ending a civil partnership?
To end a civil partnership in the UK, you must have been in the partnership for at least a year. The process of dissolution includes several steps, which includes:
- Applying to dissolve the civil partnership to the Court. You are required to confirm that your relationship has broken down irretrievably. The application can be submitted as an individual one, or it can be done as a joint application with the party you are applying to dissolve your civil partnership with. Alongside the application, you will need to provide your civil partnership certificate and pay the relevant court fee.
- Where an application is made by one person, the court will send a copy to your ex-partner, who then has 14 days to acknowledge it.
- Once they have acknowledged it, they will send this to the Court, who will start the 20-week waiting period, after which you can apply for a conditional order. This is a legal document issued by the Court which confirms they have accepted your application for dissolution and that you can legally end your civil partnership. However, because the order is conditional, you must wait a further 6 weeks before applying for a final order. During these 6 weeks, you can change your mind and withdraw the application.
- If there are no objections, you can apply for a final order after the 6 weeks which legally dissolves the civil partnership.
It is generally considered prudent to resolve all financial matters before finalising the dissolution This includes any shared assets, property, savings, and establishing separate financial agreements. If you have children, you may also want to make plans in respect of child arrangements.
How long does it take to dissolve a civil partnership?
The time it takes to end a civil partnership in the UK varies depending on a range of factors, such as the complexity of the case, the number of financial disputes, and the level of cooperation between you and your partner. However, it typically takes between 6 and 8 months from the date of application to the final order.
How do I resolve financial matters following the dissolution of a civil partnership?
To resolve financial matters, you first need to agree on the division of property, assets, and liabilities. This includes joint bank accounts, investments, pensions, property, and incomes. If you and your ex-partner cannot agree on these, you need to apply to the Court for a financial order.
A financial order is a legally binding decision that sets out how your assets will be divided. The court will consider various factors which may include the financial needs of each party t, the contributions each partner has made and the length of the relationship.
How much does a civil partnership dissolution cost?
The current fee for applying is £593. If you are using solicitors and barristers, the costs of ending a civil partnership can add up quickly, especially if there are disputes over financial or child arrangements. A way to keep costs down would be to try to reach an agreement with your partner on these matters and use family mediation to resolve disputes.
What are the alternatives to dissolution?
If you and your partner are considering ending your relationship but are not too sure, there are alternatives to dissolution that you may wish to explore.
Separation Agreement
A separation agreement is a legal document that sets out the terms of a separation, including financial arrangements, without legally dissolving the partnership. This can be useful if you both aren’t ready but wish to live separately and want to agree upon plans in this respect.
Mediation
You can also contact our family mediators, who are here to help you and your partner communicate effectively and find a mutually acceptable solution.
For tailored guidance and to explore mediation options,contact us today.
Tel: 0330 320 7600
Email:
office@mediationfirst.co.uk.
Leah Caldwell
Director at Mediation First
After training as a barrister in 2007, Leah went on to work in the insolvency industry for 8 years; her experience within this sector means that Leah is particularly well-equipped to deal with complex, financial disputes...