Civil Partnership Dissolution
Get straightforward legal advice on civil partnership dissolution and the wider financial and family issues you may need to consider.
Civil Partnership Dissolution Solicitors
Civil Partnership Dissolution
Deciding to end a civil partnership can bring a number of legal and practical issues to consider. As well as formally ending the partnership, you may need to decide what happens to your home, finances and pensions, and make arrangements for any children.
When you need help to understand your position and what needs to be dealt with, our civil partnership dissolution solicitors can give you clear, practical advice throughout your separation.
Getting Advice When a Civil Partnership Ends
Civil partnership dissolution is the legal process for ending a civil partnership. While the application itself may be relatively straightforward, it is important to look at the wider consequences of separating too.
Getting advice early can help you understand which matters need your attention and how they relate to one another. For example, ending your civil partnership does not automatically resolve financial claims between you and your former partner.
Our Divorce and Separation team can advise on the dissolution itself and help you identify any other issues that need to be addressed.
Finances After a Civil Partnership Ends
Separating often means working out how property, savings, pensions and other assets should be dealt with.
Your financial arrangements are separate from the dissolution application, so obtaining a Final Order does not in itself settle your finances.
We can help you establish your financial position, work towards an agreement and take appropriate steps to formalise any settlement reached.
Depending on your circumstances, you may also need more specific advice about how finances are divided, pensions or business assets following separation.
What If We Have Children?
If you have children, you will need to consider the arrangements for their care following your separation. This might include where they live, the time they spend with each parent and how you will approach important decisions about their upbringing.
Many families are able to agree these arrangements between themselves. If you are finding it difficult to reach an agreement or are unsure about your legal position, our team are specialists in Child Law and can advise you on the options available.
The dissolution itself does not determine the arrangements for your children, so these issues can usually be considered separately.
How Do You End a Civil Partnership?
To legally end a civil partnership in England and Wales, you need to confirm that the relationship has irretrievably broken down. You do not need to give a reason for the breakdown or show that either person was at fault.
You can apply on your own or make a joint application with your civil partner. The process then involves three main stages:
Making the Application
The application is submitted to the court to start the dissolution process.
Conditional Order
There is a minimum waiting period of 20 weeks from the start of proceedings before you can apply for a Conditional Order. This confirms that the court sees no reason why the civil partnership cannot be dissolved.
Final Order
After the Conditional Order has been made, there is usually a further minimum waiting period of six weeks and one day before you can apply for the Final Order.
Once the Final Order has been made, your civil partnership is legally ended.
How Long Does Civil Partnership Dissolution Take?
The minimum waiting periods built into the process mean that even a straightforward dissolution will take several months.
However, the time it takes to resolve your finances or arrangements for children can be different. These issues do not necessarily need to follow the same timetable as the dissolution application.
It can therefore be helpful to take advice about the timing of the Final Order, particularly where financial matters have not yet been resolved.
Do I Need a Solicitor?
You can apply to dissolve a civil partnership without using a solicitor. However, there are circumstances where taking legal advice can be particularly helpful.
You may benefit from advice if you have property, pensions, business interests or other assets to consider, if you are finding it difficult to agree financial arrangements, or if there are issues involving your children.
A solicitor can also help if your former civil partner is not cooperating or you are unsure about any part of the dissolution process.
The aim is not to make a straightforward dissolution more complicated, but to make sure you understand the legal consequences and do not overlook matters that could affect you later.
Other Legal Changes to Think About
Separation can affect other areas of your personal affairs too.
For example, you may want to review your Will following the breakdown of your civil partnership or take advice about property ownership and other arrangements that were put in place while you were together.
Our Family Law and Private Client teams are equipped to help you identify any additional steps that may be appropriate following your separation.
How We Can Help
With offices across Lincolnshire and East Yorkshire, our team provides practical advice to clients who are considering or going through a civil partnership dissolution.
Whether you are still considering your options or are ready to start the dissolution process, we can explain your options in plain English ad help you understand what happens next.
Call us on 0800 987 8800 or email us at enquiries@bmcf.co.uk to arrange a conversation with our team.
Frequently Asked Questions about Divorce
How easy this is to do and how to do it will depend on who has parental responsibility and whether all parties agree to the change. If all parties with parental responsibility have provided written agreement to the change this can be done easily via a Change of Name Deed. If one parent refuses, a Specific Issue Order will need to be obtained from the Court.
The minimum time it will take to complete a straightforward, no-fault divorce anywhere in the UK is currently 26 weeks. Divorce applications are dealt with through the divorce centre closest to you. Sometimes there are backlogs meaning the average time can be approximately 28 weeks. It will take longer if there is a financial settlement involved or or arrangements for children or in circumstances such as the divorce papers need to be served on your spouse.
If a settlement can’t be reached between the parties as to what should happen to their property, the Court will make a decision. This is based on what the Court considers to be fair, based on the circumstances of both parties.
The factors that will be taken into consideration are governed in law under the Matrimonial Causes Act 1973 including:
- The welfare of any child under the age of 18 (this is the first consideration)
- Income and earning capacity and financial resources of both parties including what they have now or are likely to have in the future
- Any contributions made by either party or likely to in the future
- The financial needs and obligations the parties has or are likely to have in the future
- The standard of living during the marriage
- The length of the marriage
- The age of each party
- The health of both parties including any physical or mental disability
- The conduct of both parties in that it would inequitable to disregard
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