The formal ending of a civil partnership through court action is called dissolution. When this occurs the partner applying for the dissolution is the applicant and the other partner is the respondent. For this process to be legal the civil partnership needs to have been registered for a least one year (Northern Ireland two years, Scotland neither of these rules apply) at which points a dissolution petition can be presented to the court.
It is important that at least one civil partner has to be resident or domiciled in England or Wales 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. To prove this to the court the applicant must be able to satisfy the court that one of the following grounds has occurred:
- Unreasonable behaviour
- Desertion
- Two years separation with consent
- Five years separation without consent
At which point a separation order can be granted which legally ends the obligation of the civil partners to live with each other. The order does not end the civil partnership itself so neither partner is free at this stage to register another civil partnership or marry.
Under certain circumstances a civil partnership can be annulled by the court with the effect of invalidating the partnership, for example if the civil partner who is applying for a nullity order was unaware at the time of registration that the other civil partner was pregnant by someone outside of the civil partnership.
Procedure for ending a Civil Partnership
The relevant forms can be obtained from the local county court or downloaded from HM Courts Service website.
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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