Civil Partnership Dissolution Solicitors

Civil Partnership Dissolution Solicitors FAQS

Below, we have answered some frequently asked questions concerning civil partnership dissolution solicitors

• What are the grounds for civil partnership dissolution in England?

  Under the current law in England and Wales, following the implementation of the Divorce, Dissolution and Separation Act 2020 (which came into effect on April 6, 2022), there is now only one ground for dissolving a civil partnership -Irretrievable breakdown of the relationship.

  This represents a significant change from the previous system, as you no longer need to prove fault or meet specific separation periods. The process is now “no-fault,” meaning:

  1. You simply state that your civil partnership has irretrievably broken down without having to provide evidence of unreasonable behavior, desertion, or separation.
  2. You can apply either jointly with your partner or individually.
  3. Your partner cannot contest the dissolution except in very limited circumstances (such as jurisdiction issues).
  4. The process includes a minimum 20-week reflection period from the start of proceedings to when you can apply for a conditional order, followed by a six-week period before the final order can be granted.

  This reform was designed to reduce conflict and make the process less adversarial for couples ending their relationships. The new system focuses on enabling couples to separate with dignity and respect rather than requiring them to assign blame or wait for lengthy separation periods.

• How long does the dissolution process take?

  The process typically takes a minimum of 6-8 months from start to finish. This includes a mandatory 20-week reflection period from the start of proceedings to when you can apply for a conditional order, followed by a 6-week period before the final order can be granted.

• Can my partner contest the dissolution?

  Under the no-fault system, your partner cannot contest the dissolution except in very limited circumstances, such as jurisdictional issues or disputes about whether the civil partnership exists.

• How much does it cost to dissolve a civil partnership?

  Costs typically include the court fee plus legal fees if you choose to use a solicitor. Legal fees vary depending on complexity and whether financial matters need to be resolved alongside the dissolution.

• Can we apply for dissolution jointly?

  Yes, you can make a joint application for dissolution, which can be a more amicable approach. Alternatively, one partner can apply individually.

• Do we need to attend Court?

  Most civil partnership dissolutions don’t require Court attendance. The process is typically handled through paperwork. However, if there are complex financial matters or disputes about children, Court hearings may be necessary.

• How are finances divided when dissolving a civil partnership?

  Financial settlements follow similar principles to divorce. The Courts consider factors such as the length of the relationship, financial needs, contributions made by each partner, and the welfare of any children. Financial matters are separate from the dissolution itself and can be resolved before, during, or after the dissolution process.

• Can we use the same solicitor for our dissolution?

  No one solicitor cannot represent both parties due to potential conflicts of interest. Each partner should have independent legal advice, though you can use mediation services to help reach agreements together.

• What happens to our children when we dissolve our civil partnership?

  Arrangements for children are not automatically decided as part of the dissolution process. Parents are encouraged to make arrangements between themselves, but if agreement cannot be reached, the Court can make child arrangement orders considering the best interests of the children.

• What documents do I need to apply for dissolution?

  You’ll need your original civil partnership certificate (or a certified copy), photo ID, and completed dissolution application forms. Your solicitor can guide you through the specific requirements.

• Is there a way to legally separate without dissolving the civil partnership?

  Yes, you can enter into a separation agreement or apply for a judicial separation, which allows you to live separately without legally ending your civil partnership. This might be appropriate for religious reasons or to preserve certain financial benefits.

• How soon after dissolution can I enter a new civil partnership or marriage?

  You can enter into a new civil partnership or marriage as soon as your final dissolution order has been granted.

• Can I dissolve a civil partnership formed outside the UK?

  Yes, provided either you or your partner is domiciled in England and Wales, or you have both been resident in England and Wales for at least one year preceding the application.

• What's the difference between the conditional order and final order?

  The conditional order (formerly known as the decree nisi) confirms that you’re entitled to dissolve your civil partnership. The final order (formerly decree absolute) legally ends your civil partnership. There’s a mandatory six-week waiting period between these orders.