Dissolving A Civil Partnership
In the same way that a married couple can get a divorce, two people in a civil partnership can also choose to legally end their relationship. But while the two processes are very similar, there are some distinct differences.
What Is A Civil Partnership?
A civil partnership is a legal relationship that can be entered into by two people who are not related to each other. Civil partnerships are available to both opposite-sex and same-sex couples.
By registering a civil partnership, the individuals in the relationship give their union legal recognition. This provides added legal rights to each party, as well as additional responsibilities, similar to those of married couples.
Once two people have registered a civil partnership, it can only be ended if one of them dies, or if a court legally brings the partnership to an end.
Can People In A Civil Partnership Get Divorced?
While two people in a civil partnership cannot get divorced — that only applies to married couples — they can seek to legally dissolve their partnership providing it has lasted for at least one year.
If either party wants to dissolve the civil partnership, they must apply to a court for a dissolution order. Under the current law, before applying, the party seeking the dissolution must be able to show that the partnership has ‘irretrievably’ broken down, i.e. there is no way of saving it and prove at least one of the following is true:
- One of the partners has behaved unreasonably
- The couple have lived apart for two years and that both agree to the dissolution
- The couple have lived apart for at least five years, if only one agrees to the dissolution
- One of the partners deserted (wilfully abandoned their duties or obligations) at least two years ago.
Unlike with a divorce, adultery cannot be used as legal grounds for the dissolution of a civil partnership. However, if one party in the civil relationship has been unfaithful, this usually falls under the ‘unreasonable behaviour’ ground.
What about No Fault Divorce?
Soon, separating couples will be able to get a divorce, civil partnership dissolution or legal separation without having to blame each other for the breakdown of their relationship.
From April 2022, the new law on no-fault divorce in the UK, which was originally announced in February 2019, will bring long-awaited reforms to an area of law that has not changed since 1973.
Under the new law, separating couples will no longer have to rely on one of the ‘five facts’ set out above. If both parties agree, they will be able to make a joint application for divorce or dissolution, allowing them to have a completely amicable separation. With the new timescales, most couples will have to wait about 6 months for their divorce or dissolution to finalise. This time is intended to be a period of reflection for both parties to consider whether they truly want to separate.
Children Need To Be Considered When Dissolving A Civil Partnership
It is very common for people in civil partnerships to have children. And like with divorce, children need to be carefully considered and looked after in the event of a civil partnership being dissolved.
Achieving the best possible outcome for any children involved should always be one of the top priorities during the dissolution of a civil partnership. If the parties in the civil partnership cannot come to an agreement regarding children, the court will make a decision based on what’s best.
If you have more questions about this topic or any other legal issues relating to divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.uk
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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