What Is The Legal Process to Dissolve a Civil Partnership?

Dissolving a civil partnership is a legal process that mirrors divorce in many respects. When a couple decides to end their civil partnership, it’s important to follow the correct legal procedure to ensure the dissolution is formalized and all related issues (such as finances and child custody) are addressed. Below are the steps typically involved:

Steps to Dissolve a Civil Partnership:

Eligibility for Dissolution: To apply for the dissolution of a civil partnership, the couple must have been in the partnership for at least one year. One or both partners must have lived in the jurisdiction (e.g., the UK) during the dissolution process.

Grounds for Dissolution: The grounds for dissolution are similar to those for divorce. The most common ground is that the civil partnership has irretrievably broken down. This may be due to factors like unreasonable behavior, separation for a set period, or adultery.

Filing the Petition: One partner (the petitioner) must file a petition for dissolution with the court. The petition should state the grounds for dissolution and include details like financial arrangements and custody of any children involved.

Serving the Petition: The petition must be served to the other partner (the respondent). This informs them of the legal process and gives them the opportunity to respond to the petition.

Financial Settlements: Both partners are required to agree on financial settlements, including the division of assets, pensions, and any maintenance payments. If an agreement can’t be reached, the court may intervene.

Court Hearing: If there are disagreements, the case may go to court. The court will consider all aspects of the partnership, including financial matters and child custody. If there are no significant disputes, a court hearing may not be required.

Final Decree of Dissolution: Once the court is satisfied with the petition and any financial agreements, it will issue a decree of dissolution. This formally ends the civil partnership.

Example:

Let’s consider a scenario where a couple, Jane and John, have been in a civil partnership for 5 years. They decide to end the partnership due to irreconcilable differences. Here's how the process would unfold:

Jane files a petition for dissolution, citing unreasonable behavior as the reason for the breakdown of the relationship.

She serves the petition to John, and they both agree to a financial settlement where Jane will keep their home, and John will receive a lump-sum payment.

Since they agree on all aspects of the dissolution, the court reviews the paperwork and issues a decree of dissolution.

The process is completed without a court hearing, as the financial and custodial matters were settled amicably.