Dissolution of Civil Partnerships

Same sex couples are now able to register their relationships under the Civil Partnership Act & we are able to advise upon the implications of entering into such arrangements. Further, we can help with property and children issues if that relationship subsequently breaks down.

How does a civil partnership come to an end ?

A civil partnership is intended to last for life. If you want to end your civil partnership, you need to get permission from a court. There are different ways you can ask a court to end your civil partnership.

You can ask the court to grant:

• a Dissolution order. Your civil partnership must have lasted for at least one year before you can apply for a dissolution order.

• a Separation order. You don't have to wait until your civil partnership has lasted for a year before you can apply for a separation order. You can apply for a separation order at any time.

Dissolution Orders

If you want to dissolve your civil partnership, you will need to apply to a court for a dissolution order. Your civil partnership must have lasted at least one year before you can apply for a dissolution. You must prove to the court that the civil partnership has 'irretrievably' broken down - that is broken down on a permanent basis. You must be able to prove at least one of the following things:

• your partner has behaved unreasonably
• you and your partner have lived apart for two years, and that you both agreed to the dissolution
• you and your partner have lived apart for at least five years, if only one of you agree to the dissolution
• Your partner deserted you at least two years ago.

Separation Orders

If you want to separate from your civil partner but don't want to dissolve the civil partnership (or it's been less than a year since you registered your civil partnership), you can apply to court for a separation order.

You don't have to wait for a year after registering your civil partnership before you can apply for a separation order and you don't have to have been living apart from your partner first. However, neither of you will be free to register another civil partnership (or to marry) unless you get a dissolution order.

If you have children, the court will not make a separation order unless it is satisfied about the arrangements for the children.

You can get a separation order from a county court. The court will grant you a separation order if you can prove at least one of the following things:

• your partner has behaved unreasonably
• you and your partner have lived apart for two years, and that you both agreed to the separation order
• you and your partner have lived apart for at least five years, if only one of you agrees to the separation order
• your partner deserted you at least two years ago.

If you get a separation order and you want to apply for a dissolution order later on, there's nothing to stop you doing this.

You can apply for a court order for financial support at the end of a civil partnership. The court will consider all the financial circumstances of both partners, including pension arrangements. In some circumstances, the court can also make an order for financial support for the children.