Lloyd Platt & Co Solicitors: Helping you through the process
The dissolution of a civil partnerships in the UK is a legal process to formally end the relationship, similar to divorce proceedings for married couples. Couples in civil partnerships have comparable legal rights to those in marriage, including rights related to property, finances, and responsibilities toward children.
In this article, we’ll explore the stages and legal considerations involved in the dissolution of civil partnerships.
Civil Partnership vs. Marriage
Although initially established in 2004 for same-sex couples, civil partnerships have since been extended to heterosexual couples. One significant difference between civil partnerships and marriage is the absence of traditional vows exchange, which many couples view as outdated.
For heterosexual couples seeking a legal relationship without religious or ceremonial undertones, civil partnerships offer a modern alternative. Although civil partnerships were originally designed for same-sex couples, they now provide an inclusive option for couples who want a legal union that differs from traditional marriage.
Grounds for Dissolution
To initiate a dissolution, you must have been in a civil partnership for at least a year and must present the original civil partnership certificate or a certified copy.
Since April 2022, the legal grounds for dissolution have been simplified: you only need to declare that the partnership has “broken down irretrievably.”
Previously, specific reasons like unreasonable behaviour, desertion, or years of separation were required, but now it’s enough to confirm the breakdown through a statement.
The Dissolution Process: Steps and Key Terms
- Dissolution Application: Dissolution begins with one partner (referred to as the “applicant”) lodging an application with the court, which includes the necessary documents and the civil partnership dissolution fee. Since April 2022, there’s an option for a joint application where both parties are involved, labelled “applicant 1” and “applicant 2.”
- Acknowledgement of Service: If a sole application is made, the other partner (the “respondent”) receives the dissolution application and must respond with an “acknowledgement of service” form within 14 days. This acknowledges that they received the application. The court then notifies the applicant of this response.
- Contested vs. Uncontested Dissolution: If both parties agree, the dissolution is uncontested. However, if the respondent disagrees, it becomes contested. Although the law now limits circumstances in which a dissolution can be defended, disagreements may still arise, particularly in financial settlements or custody arrangements.
- Cooling Off Period: After submitting the dissolution application, there’s a 20-week waiting period, allowing both parties time for reflection and, potentially, reconciliation. Once this period concludes, the applicant must confirm the dissolution request with a statement of truth, which is then submitted to the court.
- Conditional Order: If the dissolution is uncontested, the court will issue a “certificate of entitlement” to a dissolution, marking the approval of the initial application. This “conditional order” signifies the court’s satisfaction that dissolution is justified, though the partnership has not yet legally ended.
- Final Order: Six weeks after the conditional order, the applicant can apply for the final dissolution order, which legally terminates the civil partnership. If the applicant doesn’t apply, the respondent can initiate it after three additional months. This final order is crucial as it officially ends the partnership.
The dissolution process involves multiple steps, each with specific legal requirements. Lloyd Platt and Co’s experienced team can manage the procedural elements, ensuring accuracy and compliance at each stage. From filing the dissolution application to securing the final order, we provide the expertise needed for a smooth and efficient process.
Financial Arrangements and Support during Civil Partnership Dissolution
Financial arrangements can significantly affect the dissolution process. Some civil partnerships involve complex property and financial settlements, where disputes over financial support, property division, or pension rights may arise.
Legal advice is recommended to address these matters effectively and secure a fair outcome. In some cases, financial arrangements may delay the issuance of the final dissolution order until both parties agree on financial settlements.
Financial Remedies and Settlements
Civil partners may need financial remedies, such as property transfer, maintenance, or adjustments to pensions. Disagreements on these matters can complicate dissolution proceedings, leading to extended court involvement. Mediation can be a helpful tool in resolving financial disputes.
Financial disputes during dissolution can be particularly stressful and may require specific expertise to resolve fairly. The solicitors at Lloyd Platt and Co have extensive experience in civil partnership financial settlements, offering tailored advice to help you secure the best possible outcome for your financial future.
Dissolution and Children
If children are involved, the dissolution can become more complex. The court prioritises the welfare of the children, including decisions on custody, living arrangements, and financial support.
Partners may negotiate a “parenting plan” to outline how they’ll share responsibilities and decisions. In cases of disagreements, the court will consider various factors, including the children’s emotional and educational needs, before making a custody order.
Mediation is frequently encouraged to resolve disputes outside the court system, as a collaborative approach generally benefits all parties involved, particularly the children.
Legal Representation and Advice
Obtaining sound legal advice is crucial during dissolution, especially in contested cases involving disputes over finances or child custody. Family law solicitors can guide partners through each step, ensuring that all documents, such as the dissolution petition and acknowledgement of service, are correctly completed.
While the dissolution process can be initiated online as a “do-it-yourself” option, legal assistance ensures the application is valid and avoids costly mistakes.
In more complex cases, such as when one partner refuses to cooperate or there are financial disputes, legal representation can help expedite the process and protect your interests. Legal aid may be an option for eligible individuals, particularly in cases involving domestic abuse or other significant legal challenges.
Mediation and Alternative Dispute Resolution
Many couples prefer to resolve their issues amicably, using mediation to avoid contentious court battles. Mediation services can help partners reach agreements on finances, property, and child custody in a more collaborative setting. This process is usually faster, less stressful, and less expensive than court proceedings.
Collaborative law practices, where both partners’ lawyers work together to negotiate fair terms, offer another alternative. Mediation may also be required by the court before proceeding with contested cases to encourage an amicable resolution.
Common Questions about Dissolution
How long does dissolution of civil partnerships take?
If both parties agree and promptly complete and return all necessary documents, the court typically processes the dissolution within 6 to 9 months from start to finish. However, if there are disagreements—especially regarding financial settlements—the process may take longer, as the final order may be delayed until financial matters are fully resolved
What is judicial separation?
Judicial separation is a legal process allowing partners to live apart without dissolving their civil partnership, which may suit those with religious beliefs opposing dissolution.
What are my legal rights in dissolution?
As a civil partner, you have rights to financial support, property, and potential custody of children. These rights are comparable to those of married couples, though they may vary depending on specific circumstances and court decisions.
What if we both agree to end the partnership?
If both partners agree, the dissolution process is more straightforward, avoiding the complexities of contested cases. The court can proceed quickly, particularly when financial matters and child arrangements are settled amicably.
Can I do it myself?
Yes, it’s possible to submit a dissolution application yourself. But seeking professional advice ensures accuracy and adherence to legal standards, particularly if financial or custody disputes are anticipated.
How Lloyd Platt and Co Can Help
Dissolution of civil partnerships is a significant legal process with implications for finances, children, and property. Preparing carefully, understanding your legal rights, and securing experienced legal support will contribute to a smoother and more manageable process.
If you’re considering ending a civil partnership, consult with the family law team at Lloyd Platt and Co for comprehensive guidance. We provide information and advice to help you navigate each stage, from the dissolution application to the final order.
In essence, the dissolution of a civil partnership is a complex yet structured process. By taking the time to understand each stage, seeking legal advice, and prioritising amicable solutions, partners can manage the dissolution with respect and care. This will ensure the best possible outcomes for all involved.
Are you in need of dissolution of civil partnership advice? Or advice on any other aspect of divorce and separation, please fill in our form, call us on 0208 343 2998 or click to contact our divorce and family lawyers in London.
