When one member of a civil partnership dies, the union is dissolved. There is another avenue to dissolve a civil partnership. If you or your partner wants to end the relationship, it will require action from a court. A court can grant a dissolution order, a separation order, or an annulment order to dissolve a civil partnership.
Basis for Dissolution/Separation Orders
You must apply for a court issued dissolution or separation order to end your civil partnership. This is the minimum amount of time required before applying as a partner requesting a court order to end the relationship. You must demonstrate to a court that your civil partnership is in disrepair and cannot be sustained. The damage to the partnership needs to be irreconcilable.
A court requires a basis for issuing a dissolution or separation order. You must be able to prove that at least one of the following conditions exist: (a) Both parties agreed to the end of the civil partnership and that you both have lived apart for the past two years; (b) Your partner's behaviour towards you was uncivil in either a vocal or a physical manner; or (c) Your partner deserted you at least two years ago. There is a five year separation requirement when only one partner is seeking to end the relationship.
Applying for a Dissolution/Separation Order
There are several legal forms that need to be completed prior to applying for a court order. Any court that processes civil partnership dissolutions will have the forms. The official Ministry of Justice website will have the blank forms and instructions. You can download and print the forms that match your requirements.
When you agree to the disseverment of your civil partnership the court will review your paperwork and evidence of having lived apart. If everything is in compliance with the requirements, the court will issue a conditional order of dissolution. Without any complications the order will become final six weeks from the issuing date. If either of you do not agree to a dissolution of the partnership, it is best to seek the advice of a solicitor.
Living Apart Requirements
If both you and your partner agree to the dissolution of the partnership at the time you apply for an order, you need to have lived apart for a minimum of the last two years for the court to issue a grant. In the event you have been living apart for five years, there is no need for both parties to agree to a severance. Either party can apply to a court after the five year separation time frame.
If you and your partner have lived apart for five years and you are applying for a dissolution order, it may not be automatically granted. A court has the authority to deny the order if it would create a serious financial burden or other hardship on either partner.
Ending a civil partnership when one partner is not a British citizen may impact the non-resident's ability to remain in the UK. When children are involved in a partnership disseverment, arrangements for the children's welfare must be decided before the union is dissolved.
Basis for Dissolution/Separation Orders
You must apply for a court issued dissolution or separation order to end your civil partnership. This is the minimum amount of time required before applying as a partner requesting a court order to end the relationship. You must demonstrate to a court that your civil partnership is in disrepair and cannot be sustained. The damage to the partnership needs to be irreconcilable.
A court requires a basis for issuing a dissolution or separation order. You must be able to prove that at least one of the following conditions exist: (a) Both parties agreed to the end of the civil partnership and that you both have lived apart for the past two years; (b) Your partner's behaviour towards you was uncivil in either a vocal or a physical manner; or (c) Your partner deserted you at least two years ago. There is a five year separation requirement when only one partner is seeking to end the relationship.
Applying for a Dissolution/Separation Order
There are several legal forms that need to be completed prior to applying for a court order. Any court that processes civil partnership dissolutions will have the forms. The official Ministry of Justice website will have the blank forms and instructions. You can download and print the forms that match your requirements.
When you agree to the disseverment of your civil partnership the court will review your paperwork and evidence of having lived apart. If everything is in compliance with the requirements, the court will issue a conditional order of dissolution. Without any complications the order will become final six weeks from the issuing date. If either of you do not agree to a dissolution of the partnership, it is best to seek the advice of a solicitor.
Living Apart Requirements
If both you and your partner agree to the dissolution of the partnership at the time you apply for an order, you need to have lived apart for a minimum of the last two years for the court to issue a grant. In the event you have been living apart for five years, there is no need for both parties to agree to a severance. Either party can apply to a court after the five year separation time frame.
If you and your partner have lived apart for five years and you are applying for a dissolution order, it may not be automatically granted. A court has the authority to deny the order if it would create a serious financial burden or other hardship on either partner.
Ending a civil partnership when one partner is not a British citizen may impact the non-resident's ability to remain in the UK. When children are involved in a partnership disseverment, arrangements for the children's welfare must be decided before the union is dissolved.
About the Author:
Our law firm has years of expertise dealing with legal services relating to civil partnerships. We are a team of dedicated legal experts that have established a reputation as one of the leading family law solicitors in the North. For additional information visit our web-site for guidance or phone us directly.
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