Ask The Legal Expert: How do I end a Civil Partnership?

Angela Killa shines a light on the process of dissolving a Civil Partnership.

"My partner and I have been in a Civil Partnership for five years but we have grown apart and have made a joint decision to call it a day. We have no children, but we do have joint savings and own a house together. Although the separation was a joint decision, we have been unable to agree on how to divide our assets. What is the legal process we need to go through?"

Couples who want to bring a Civil Partnership to an end need to apply to the Court for a Dissolution Order. To do this, you must have been married, or in a Civil Partnership, for at least a year, which you have been. You and your civil partner can make an application for dissolution jointly or you can do so yourself. You would need to file a statement with your application confirming that the Civil Partnership has broken down irretrievably. You do not need to (and cannot) apportion blame as was the case before the law changed on the 6th April 2022.

You can make your application via your local Family Court (or online). A conditional Order can be applied for 20 weeks after the court has issued your application, which provides a period of reflection. A Final Order can be applied for six weeks later, which officially ends a Civil Partnership. However, there are often reasons to delay this application so legal advice should be sought in relation to your particular circumstances.

It is unlikely that your partner will be able to contest the application unless there is a dispute about the court’s jurisdiction or the validity of the civil partnership.

As far as the division of any assets, the Court will use the same criteria it would use for any married couple. Since there are no children to take into consideration, the Court will weigh up your incomes, future earning capacity, property, pensions and any other financial assets and decide how those assets should be distributed to best meet the financial needs of you both.

So, the financial obligations and responsibilities of you both, your respective ages, the duration of your partnership, and any illness which is likely to limit earning capacity, will be taken into account, as will the standard of living enjoyed by you both before the relationship breakdown.

Every effort should be made to reach an agreement and if you are able to do so, you should still consult with a solicitor so that they can incorporate your agreement into a Court order and assist you to obtain the Court’s approval to that order. Without an order, your claims can stay open which places you at risk of a claim being made in the future. 

The Court will endeavour to reach a fair ruling that doesn't leave one party in need to the benefit of the other. Be aware that the Court expects couples to have taken steps to resolve any issues before they attend, so you will be expected to attempt Mediation as well as other non-court dispute resolution methods before the Court stage and often this can be less traumatic and more economical than attending Court.

For more information, please contact Angela on 01267 248893 or by email at: angela.killa@jcpsolicitors.co.uk

The question posed is based upon a hypothetical situation.