How is a civil partnership dissolved?
The end of a civil partnership can be an emotional time, but understanding how it can be legally ended can be helpful in removing some of the stress and uncertainty involved.
The Divorce, Dissolution and Separation Act 2020 has simplified the break-up process, getting rid of the requirement to assign blame and focussing on the confirmation that an irretrievable breakdown of the partnership has occurred.
The process explained
The first step is deciding how you should apply for the partnership to be legally ended. You could decide on a joint application or do it individually. You can change a joint application into a sole one later in the process, but you cannot go from sole to joint once the application has been made. You may wish to consult with family law solicitors London or close to home to decide what choice is right for you.
Making the application
An application can be made online using the GOV.UK website or through solicitors such as https://bridgelawsolicitors.co.uk/divorce-and-family-law-solicitors/london. A court fee is payable per application. An AOS or Acknowledgement of Service form will need to be completed if you are the respondent in the case. The AOS does not apply in joint applications.
Once an application has been issued, there is a mandatory reflection period of 20 weeks. Once this has lapsed, the applicant or applicants can apply for the required Conditional Order. The court will decide whether to grant this and, if agreed, will issue a Certificate of Entitlement setting a date when the Conditional Order will be pronounced.
Once the order is pronounced, you have confirmation that there is no legal reason why the civil partnership cannot end.
Changing the application
At the stage of applying for a Conditional Order, you can change from a joint to a sole application. The other applicant will then become the respondent during the rest of the proceedings.
Once the order is granted, you must wait six weeks before you can apply for a Final Order. This will officially end the partnership.
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