Dissolving Civil Partnerships

Dissolving Civil Partnerships in England and Wales

According to the law in England and Wales, you must wait at least 12 months before you can apply to the courts to dissolve (i.e. end) your civil partnership. In this article, we will look at what is involved in the dissolution of a civil partnership, the criteria that must be met, the key considerations, and some alternatives to dissolution.

Dissolution of a civil partnership

Civil partnerships were introduced by the Labour government under the Civil Partnership Act 2004, allowing same-sex couples to gain legal parity with married couples. In 2019, this was extended to opposite-sex couples. Civil partnerships are entered into by signing the civil partnership schedule, whereas marriages involve agreeing to vows and signing the marriage schedule. 

As with divorce, the only ground for dissolving a civil partnership that must be met as a precondition is that the partnership has broken down irretrievably. There is no need to prove that this is the case; all that is required is for the applicant or applicants to state in the petition that their civil partnership has irretrievably broken down.

How to apply for civil partnership dissolution

You can apply on your own to dissolve your civil partnership or jointly with your partner by completing the following steps:

1. Complete the online application form on the government website (you can also apply by post if you wish to)

2. Pay the application fee of £593

3. If you make a sole application, the HMCTS Divorce and Dissolution service will issue a copy of the application to your partner, giving them the opportunity to disagree with the application. It is important to note that your partner can only disagree if they have a valid reason (not just because they don’t want to get divorced), e.g. if the civil partnership was never valid in the first place.

4. Twenty weeks after your dissolution has been issued, you can apply for a Conditional Order. This is a document that confirms that the courts see no reason why you cannot dissolve your civil partnership.

5. Six weeks after the date of the conditional order, you can apply for a Final Order, which will bring your civil partnership to an end. If your civil partner applied for a conditional order, you will need to wait 3 months and 6 weeks after the date of the conditional order to apply for a Final Order.

The process of dissolving a civil partnership takes at least 6 months but commonly takes up to twelve months. It may take longer if dissolution is contested or if any issues arise. Find out more on our blog The Difference Between Conditional Divorce Order and Final Divorce Order.

Key considerations when dissolving a civil partnership

At the same time as going through the process of dissolution, you and your partner may need to reach an agreement on a number of important matters, including:

• Child arrangements - While child arrangements are separate from the process of dissolution, you and your partner will need to come to an agreement on where your children will live and who they will spend time with. If you cannot reach an agreement on child arrangements, you can seek mediation or ask the court to make a decision for you. 

• Joint finances - including property division, savings, and any joint assets. If you cannot reach an agreement on the division of your joint assets between you or with the help of a mediator, you may need to apply to the courts for a financial order. Depending on the situation, the courts may issue a periodical payment order, lump sum order, or property adjustment order.

Pension arrangements – If you and your partner have pensions that require division, you may need to apply to the courts for a pension sharing order or pension attachment order.

Alternatives to civil dissolution

Before proceeding with dissolution, you and your partner may want to consider alternatives to ending your civil partnership, including:

• Relationship counselling – relationship counselling can help partners explore specific challenges and reach a resolution without separating 

• Informal separation - or trial separation, allows couples to live apart without legal proceedings. It may be necessary to formalise your financial arrangements by drafting and entering into a separation agreement. 

• Post-civil partnership agreement – to clarify financial responsibilities and asset division if a future separation occurs for couples. This option is often considered by couples who want financial security within their partnership but don’t wish to dissolve it yet. 

• Separation order – this may be an option for those with moral or religious reasons against dissolution, allowing partners to live separately while remaining in a civil partnership and enabling court-ordered financial arrangements.