Civil Partnership Dissolution Solicitors in Birmingham, London and Northampton

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However, like marriages, civil partnerships can break down. In some cases, dissolving the partnership becomes inevitable. Even if both partners agree to dissolve the partnership, the situation may get contentious. But the good news is that our highly trained civil partnership dissolution solicitors will guide you through the process.

To protect your legal and financial rights, contact our experienced family lawyers by calling us on 0300 303 2071 or sending an enquiry to info@witansolicitors.co.uk.

How Can I Dissolve My Civil Partnership?

The process of dissolving a civil partnership is very similar to going through a divorce. This is due to the fact that civil partnerships provide many of the same legal rights as marriage. To dissolve your civil partnership, you need to apply to the court.

Understandably, this process can be overwhelming but court hearings can strain your relationship even further and pinch your pocket. That is why we always advise our clients to make arrangements about children, money and property as opposed to battling it out in a courtroom. We have a wealth of experience helping our clients reach agreements that are beneficial for the entire family and avoid lengthy and costly litigation. 

What Do I Need to Know Before Applying for Dissolution?

If you live in England or Wales, you need to have been in your civil partnership for at least one year before you can apply to dissolve it. It is worth noting that it is possible to apply for a legal separation during the first year of your civil partnership. Our experienced civil partnership dissolution solicitors will help you establish your legal options and figure out the next best course of action for you and your family.

What are the Grounds For Dissolution?

Under previous laws, to end your civil partnership or marriage, you needed to prove your relationship had irretrievably broken down. However,  as of the 6th of April 2022, those wishing to dissolve a civil partnership no longer need to rely on of of the following facts:

• Unreasonable behaviour – You cannot reasonably be expected to live with your civil partner due to their behaviour
• Desertion – You have been deserted by your civil partner for a continuous period of 2 or more years
• Two years separation by consent – You and your civil partner have lived apart for a continuous period of at least 2 years and they consent to the dissolution
• Five years separation without consent – You and your civil partner have lived separately for a continuous period of at least 5 years

At present, to apply for a civil partnership dissolution, you simply need to provide a statement stating that the marriage has irretrievably broken down.

What Documents are Required?

While it is possible to submit a dissolution application form yourself, it makes sense to seek advice from a family lawyer specialising in this practice area. We will ensure that the dissolution and any other documents required are completed properly. This will help you avoid problems if the forms are filled out incorrectly.

How to Start the Civil Partnership Dissolution Proceedings

Generally, one civil partner starts the dissolution proceedings by lodging an application to the court and paying the relevant court fees. But as of the 6th of April 2022, civil partners can make a joint application where one partner completes the application and the other partner approves it. 

This application will set out the details of the civil partnership and both parties confirm that it has broken down irretrievably. The court will then issue the application. If you have not made a joint application, it is at this stage that a copy will be sent to your civil partner. The respondent has 14 days to complete an acknowledgement of service, confirming that they have received the dissolution application. Once the court receives this form, a copy will be forwarded to the applicant.

Can My Civil Partner Contest the Dissolution?

Contested dissolution is where the respondent does not agree to the dissolution and they have 21 days to file an answer to the court. Uncontested dissolution, on the other hand,  is where the respondent agrees to the dissolution.

Under current laws, there are limited circumstances in which a dissolution can be contested. Not to mention, it is no longer possible for a civil partner to argue that the partnership has simply not broken down.

How Do I Confirm the Application?

From the date the application was issued, there will be a 20-week cooling-off period until the dissolution proceedings can progress. The purpose of this period is to allow time for parties to reflect and make arrangements regarding children, finances and property.

Once this period has passed, the applicant needs to complete a statement confirming the contents of the application, which will then be sent to the court.

Conditional Order

The court will review the civil partnership dissolution documents. If the dissolution is uncontested and the documents are approved, the court will make a conditional order. This involves issuing a certificate of entitlement to a dissolution. It is important to bear in mind that a conditional order does not mean the partnership has been dissolved. It simply means the court is satisfied that the application meets the requirements for dissolution to be granted.

Final Order

Six weeks and a day from the date of the conditional order, the applicant can apply for the final order. This is a legal document that dissolves the civil partnership. If the applicant does not apply for the final order, the respondent can apply after a further three months.

Why Choose Witan Solicitors?

Ending a civil partnership can be disheartening and confusing to navigate. But with us by your side, you do not have to go through this process alone. We will provide you with clear and practical legal advice so you and your family can move on without distress and upheaval. Our advice is backed by years of experience dealing with a range of family law issues. With us in your corner, you benefit from:

• More than 100 years of combined legal experience
• Representation from a Legal 500 recognised law firm
• Jargon-free legal advice
• Proven track record of successfully dealing with family law cases
• Civil partnership dissolution solicitors in London, Birmingham and Northampton

FAQ

What is the typical duration for obtaining a civil partnership dissolution order?

Generally, providing both parties complete and return the necessary documents on time and everything is agreed upon, it takes the court between 6 – 9 months to complete the dissolution.

However, if there are disagreements, it can take longer to obtain a dissolution order. For example, if there is a financial settlement dispute, the final order may be delayed until an agreement is reached.

To avoid negative financial consequences, it is advisable to obtain legal advice before the dissolution proceedings.

Are there any additional matters that I need to consider?

Disagreements over children, finances and property are common during the civil partnership dissolution process. We recommend resolving these disputes through collaborative law or mediation as opposed to litigation.