Civil Partnerships

It is widely accepted that separation in any form is one of the most difficult and emotionally challenging situations any individual will experience. When separating from your Civil Partner, you may be upset and confused about what steps you need to take to bring the Partnership to an end. We are here to help to guide you through the procedure whilst ensuring your interests are protected at all times.

To end a Civil Partnership (known as "dissolving" a Civil Partnership), the rules are almost identical to those which apply on divorce. You must show that the Civil Partnership has "irretrievably broken down". To do so you must prove one of the following "facts

• Behaviour – this is the most commonly relied on fact. You need to show that the other person has behaved in such a way that you cannot reasonably be expected to live with them. Examples of such behaviour are wide-ranging and may be anything from the most serious allegations of violence at one end of the spectrum to relatively trivial matters at the other. 
  
  
• Two years’ separation with consent – in other words, you have been separated from your partner for at least two years and both of you consent to the divorce. This is the most amicable way of achieving a divorce but it must be noted that the separation must be for a total period of two years. If, within those two years, you have resumed living together for a period (or periods) of less than 6 months, that time must be disregarded when calculating whether you have been separated for the full two years. Any time spent living together for a continuous period (or periods) of more than 6 months will effectively "reset the clock".
  
  
• Desertion – this fact is rarely relied on as it is often more appropriate to rely on unreasonable behaviour. Nevertheless, you must prove the other person has deserted you for a continuous period of two years.
  
  
• Five years’ separation – the parties must have been separated for a continuous period of at least five years. Unlike the two year separation "fact" above, this fact can be relied upon regardless of whether the other person consents.

Unlike divorce, adultery does not apply in relation to same sex couples.

To initiate a dissolution a "Petition" must be filed at the appropriate County Court. We can of course prepare this document on your behalf and attend to all of the other procedural requirements to ensure that everything goes smoothly.

Instead of pronouncing Decree Nisi and Decree Absolute, a court will make a Conditional Order and Final Order respectively. The process usually takes about 4 months to complete.

This commentary is intended to give a general overview of the process for dissolving a Civil Partnership. Many complexities can arise and if you would like any further advice or assistance, please feel free to contact Neil McNab who is specialised in this particular area. He will be happy to provide an initial consultation free of charge and without obligation. His direct dial number is 01245 228132.

Alternatively, for more information please complete our Enquiry Form  or email mail@gepp.co.uk