Couples in a civil partnership have the same legal rights as those who are married. One consequence of this is that civil partnerships also need to be formally ended.

This process is known as "dissolution" and is the equivalent of divorce. Although the processes aren't identical, there are strong similarities. As with divorce, one party has to file an application with the court for the partnership to be dissolved.

The Divorce, Dissolution and Separation Act (2020) made some changes to the process. Perhaps the most significant was removing the need to give any kind of reason for the dissolution. Today, you simply need to declare that the civil partnership has broken down irretrievably.

In this article, we take a closer look at the process.

(Please note: this information applies only to the process in England and Wales. Things work slightly differently in Scotland and Northern Ireland.)

What is a civil partnership?

A civil partnership is a type of legal union that's registered in the presence of a registrar and two witnesses. It was introduced in 2004 for same-sex couples and then for opposite-sex couples in 2018. It can end only through death, dissolution or annulment.

Like marriage, civil partnerships grant extra rights and responsibilities to couples. But there are differences in how they begin and end.

What's the process?

The first step in any civil partnership dissolution is to make an application to the court. This will include details of both parties along with a statement that the partnership has irretrievably broken down.

The application can be made solely or jointly. In either case, the applicant or applicants need an original copy of the civil partnership certificate.

It can be prudent to sort out child arrangements, finances and any issues relating to the household before the application is made. If possible, this can help the process to run smoothly.

If the application is made solely, the court will issue this application to the other partner (the "respondent") along with an "acknowledgement of service" form. The respondent must respond to this within 14 days, confirming both that they received it and that they won't dispute it.

A dissolution application can be disputed in a few scenarios:

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  If neither party lives in or has any connection to England and Wales
• If the civil partnership was invalid to begin with
• If the civil partnership has already legally ended

If none of these scenarios apply, the wheels are in motion and a date is set for a conditional order to be pronounced. There's a minimum waiting period of 20 weeks before this can happen.

Six weeks later, applicants can apply for a final order. Once granted, the civil partnership has been officially dissolved.

What is a final order?

The final order is the legal document that officially dissolves the civil partnership.

What are the grounds for dissolution?

Since the Divorce, Dissolution and Separation Act (2020), separating couples don't need to give a reason for dissolution. All that's required is a statement that the civil partnership has irretrievably broken down. To qualify for dissolution, the partnership must have lasted at least one year.

What are the financial implications of dissolution?

The financial implications of dissolution will vary from civil partnership to civil partnership. The ideal scenario is that you and your partner reach an amicable agreement that's enshrined in a legally binding "consent order".

This isn't always possible, however. In this situation, the court will decide how your assets are to be divided.

When property is in the mix, separating couples are faced with options:

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  One partner could buy out the other's share.
• The property could be sold and its equity split.
• The equity could be offset against other assets.
• One partner could agree to buy out their partner in the future.

Whatever route is taken, the decision needs to be formally recorded in a written document. This is something that a family lawyer can help with.

How long does it take?

The process of dissolution takes a minimum of 26 weeks – around six months. This is because there's a 20-week waiting period before the conditional order is issued, and then a six-week waiting period before the final order.

It's important to note that this is the minimum length of time it could take and not a rule of thumb.

How much does it cost?

There's a flat £593 fee for making a civil partnership dissolution application, be it online or via post. On top of this, you have to pay any legal fees, although legal aid is available in very few cases.

What's the difference between annulment and dissolution?

For a civil partnership to be valid, it has to meet certain conditions. If it doesn't, it can be annulled. This means that although considered legal at the time, the civil partnership is now void and has no legal status.

Annulment is usually done within the first three years of a civil partnership, although there are exceptions.

How can a solicitor help?

Getting a civil partnership dissolution is simpler than ever – but that doesn't mean it's a straightforward process. Even if the relationship has ended amicably, it can be a time of stress and high emotions. While you can carry out the process yourself, it can be advisable to have an experienced family lawyer at your side.

A good solicitor will help you make a civil partnership dissolution application. They can also talk you through your options with regard to financial and childcare arrangements.

Having a trained professional in your corner can maximise your chances of getting the best outcome for you and your family, as well as reducing the stress of the process.

Are you looking for a family solicitor to assist you with a civil partnership dissolution? At Milners Law, we have a team of expert family lawyers who offer simple, non-judgmental advice. Get in touch to arrange a free, no-obligation consultation.