Civil Partnership & Dissolution Specialists
Civil Partnership & Dissolution Solicitors
We have extensive experience in dealing with all issues relating to the ending or dissolution of a civil partnership – from negotiating pre-marriage and pre-civil partnership agreements to negotiating through the separation, divorce, and dissolution process.
Since December 2005 it has been possible for same-sex couples to enter into a civil partnership and since 29th March 2014, same-sex couples have been able to get married.
A civil partnership is akin to a civil marriage and, in almost all respects, is legally equivalent:
- Civil partners experience the same tax treatment as married couples
- They can acquire parental responsibility for each other’s children in the same way
- They may adopt a child or apply for a parental order (with respect to a surrogate child)
- The divorce process (known as dissolution) is the same as what married couples experience
- Financial settlements on a dissolution of a civil partnership are the same as on divorce
- Civil partnership agreements are treated in the same way marriage agreements are
What Is a Civil Partnership and What Does It Mean?
A civil partnership is similar to a civil marriage, it is the union of either a same-sex or opposite-sex couple.
Whilst both a civil partnership and a civil marriage give legal recognition to the relationship, there are some differences between the two. Therefore, the way in which each ends differs slightly.
Whilst civil partnerships were initially introduced in 2005 for same-sex couples, civil partnerships opened up to opposite-sex couples in 2018. The partnership is a legal union, in the same way a marriage is, however, there are some differences in how they are formed and dissolved.
What Are the Differences between a Civil Partnership and a Marriage?
Whilst marriages and civil partnerships share many of the same rights and legal responsibilities, there are also many differences.
Outside of the legalities involved, marriages are often associated with tradition and religion in a way that civil partnerships are not. Due to this, marriages can be conducted through both civil or religious ceremonies and often include an exchange of spoken vows.
On the other hand, a civil partnership is conducted without a religious ceremony and does not include any vows. Introduced in 2005, a civil partnership provides legal recognition to a relationship in the same way that a marriage does but without the religious and historic connotation – it serves as a more legal union rather than a ceremonial one.
Why Might a Couple Choose a Civil Partnership over a Marriage?
In 2013 legislation to allow same-sex marriage in England and Wales was passed by the parliament of the United Kingdom and took effect in 2014. Additionally, as of 2018, civil partnerships became available to opposite-sex couples.
The question is then raised as to why a couple, regardless of sex, may choose to have a civil partnership rather than a marriage.
As mentioned before, one of the differences between a civil partnership and a marriage is tradition and religion. Couples who wish to marry outside of religion may choose to opt for a civil partnership, making their relationship legally recognised.
Dissolution and Annulment Lawyers
Should a civil partnership break down, couples may decide that they wish to separate. There are two ways in which a civil partnership can come to an end.
Firstly, an annulment can be done within the first three years of the civil partnership providing that the conditions for a civil partnership were not met in the first place. These conditions include:
- Both parties are 16 years of age or older. Should either party be 16 or 17, written content from parents or legal guardians is required
- Both parties need to have lived in the same area of England or Wales for at least seven days
- Both parties are free to register, neither is already in a marriage or civil partnership
- The couple is not closely related by blood
Should one of these conditions not be met at the time of the civil partnership the court will be able to grant an annulment and end the civil partnership. Similar to any other contract, the annulment states that the civil partnership was either void or voidable, meaning it may have been legal at the time but is no longer.
On the other hand, a dissolution is for civil partnerships that were formed legally and are not void or voidable. Similar to a divorce, in order to dissolve a civil partnership, the couple has to go through a legal process.
Since the introduction of No-Fault Divorce in 2022, couples in a civil partnership can jointly complete a dissolution application. However, the minimum time frame of one year must have passed since the civil partnership started in order for either party or the couple to apply for a dissolution.
How Do You Apply for a Civil Partnership Dissolution?
As of April 2022, both parties can make a joint application for the dissolution of their civil partnership. It is, however, still possible for one party to the partnership to make the application.
With the No Fault Divorce legislation, the applicant or joint applicants do not need to provide grounds for the separation, one or both parties only need to state that the partnership has irretrievably broken down.
To apply for a civil partnership dissolution, parties must fill out Form D8. The form asks a court to end your relationship legally. Parties can apply for a dissolution order themselves or together online.
Once the order has been applied for, and after a period of 20 weeks, parties can apply for a conditional order to state that the courts see no obvious reason why not to grant them a civil partnership dissolution. The final order can be applied for after six weeks and one day has passed from the date of the conditional order. It is this final order which dissolves the partnership.
Due to the nature of the process, the guidance of a solicitor is highly recommended, especially if one party does not want the civil partnership to end. In this case, the conditional order will go to the court, and having a solicitor to deal with all of the paperwork and court correspondence can help reduce stress and speed up the process.
Get in Touch with Our Expert Lawyers in Civil Partnership & Dissolution
If you’re unsure where to begin with your divorce proceedings, we can help. Our experts have years of experience in civil partnerships and dissolutions so no matter what your situation is, our team is here to help.
To speak with one of our lawyers, call us on 0333 202 6433 or email us at hello@mcalisterfamilylaw.co.uk.
