The formal ending of a civil partnership through court action is called dissolution. The partner applying for dissolution is known as the pursuer and the other partner is the defender. Both parties have to be able to satisfy the rules of residence before a court will accept jurisdiction to dissolve the civil partnerships.
The general rule, although the detail is more complex, is that at least one civil partner has to be a resident or domiciled in Scotland at the time the dissolution proceedings are being initiated.
Grounds for ending a civil partnership
This can only be granted if the civil partnership has irretrievably broken down or an interim gender recognition identity certificate has been issued to either civil partner. To prove to the court that the civil partnership has irretrievably broken down the pursuer must be able to satisfy the court that one of the following grounds has occurred:
- Unreasonable Behaviour – The defender has behaved in such a way that the pursuer cannot reasonably be expected to live with them
- One Year Separation with Consent – The parties to the civil partnership have lived apart for a continuous period of at least one year immediately preceding the application for dissolution and the defender consents to the dissolution decree being granted
- Two Years Separation without Consent – The parties to the civil partnership have lived apart for a continuous period of at least two years immediately preceding the application for dissolution
- Interim Gender Recognition Certificate – An interim gender recognition certificate has been issued to either civil partner
Decree of separation
A decree of separation is a court order that legally ends the obligation of the civil partners to live with each other. The order does not end the civil partnership itself, though, so neither partner is free to register a civil partnership or to marry once they have obtained the order. The grounds for separation are the same as for the irretrievable breakdown of a civil partnership; unreasonable behaviour, two years separation with consent or five years separation without consent.
Once the decree of separation is made, the court is able to deal with matters relating to property, money and children which may need to be resolved
The procedure for ending a civil partnership
The application for dissolution is usually made in the local sheriff court but depending on the complexity of the case it can also be made in the Court of Session in Edinburgh.
Mediation
If there are difficulties agreeing on specific issues such as arrangements for children or financial matters during dissolution then mediation can assist in resolving disputes. There may still be a need for legal advice and support of interests to ensure all rights are protected.
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