If you are in a civil partnership and the relationship breaks down, you can apply to the court for the partnership to be dissolved. You will receive the same entitlements as a spouse who gets divorced, and can apply for financial provision.
The procedure for dissolution of a civil partnership mirrors that of divorce, although different terminology is employed. The equivalent of a petition for divorce is known as an “application for dissolution”. A decree nisi is known as a “conditional (dissolution) order”.
If you are in a civil partnership and the relationship breaks down, you can apply to the court for the partnership to be dissolved. You will receive the same entitlements as a spouse who gets divorced. You can apply for financial provision by way of lump sum, property transfer, maintenance and pension sharing orders. Financial provision can also be applied for in respect of any child or children of the family.
A civil partner seeking dissolution is entitled not to be evicted from the home that the couple has shared and can apply for an injunction order under the Family Law Act 1996 if there has been domestic violence.
One difference between dissolution and divorce is that adultery is not grounds for dissolution. The other four grounds applicable to divorce remain available. These are:
- Unreasonable behaviour
- Desertion for a period of two years or more.
- Two years’ separation, with the partner’s consent.
- Five years’ separation, without the partner’s consent.
If you are in a civil partnership and considering dissolution, our qualified and experienced solicitors in London, Yorkshire or Greater Manchester can help. Contact us for further information or to make an appointment.