Same Sex Partnership Breakup
A civil partnership is the legal status acquired by same sex couples who register as civil partners of each other under the Civil Partnership Act 2004 which provides them with similar legal rights to married couples.
Being in a civil partnership is akin to being in a traditional “marriage”. Consequently the legal status accorded to civil partners is identical to the status accorded to “married couples”.
It is of course now possible to convert a civil partnership into a same sex marriage following the introduction of the Marriage (Same Sex Couples) Act 2013.
Civil Partnership Dissolution – What You Should Know
- Can I get “divorced” if I am in a civil partnership?
- When can I get a civil partnership dissolved?
- How long does it take to dissolve a civil partnership?
- How much will the dissolution of my civil partnership cost?
- Will I have to appear in court?
- Are the proceedings public?
- Am I able to make any financial claims against my civil partner?
Can I get “divorced” if I am in a civil partnership?
Yes – the terminology is slightly different in that you would petition for the dissolution of the civil partnership rather than apply for divorce.
The procedure to follow to obtain the dissolution of the civil partnership is identical in most respects to the procedure upon divorce.
When can I get a civil partnership dissolved?
There is a bar to dissolving the Civil Partnership within the first year, but beyond that point, if you have reached the conclusion that the relationship with your civil partner is at an end then you can apply to court for a dissolution of the civil partnership. You will need your original civil partnership certificate or a certified copy of the same.
Similar to applying for a divorce, there is no longer any need to apportion blame for the breakdown of the civil partnership. You simply need to provide a statement in your Application for a Dissolution of the Civil Partnership that the Civil Partnership has broken down irretrievably.
You can apply for a Dissolution of your Civil Partnership as a couple or as an individual. As a couple, you will have Applicant 1 and Applicant 2. Applicant 1 completes the application, and it is sent to Applicant 2 for approval. If you apply as an individual, you will be Applicant and your civil partner will be known as the Respondent.
How long does it take to dissolve a civil partnership?
From start to finish the process will take approximately 6 months.
The time taken is influenced by 2 factors, the amount of business that the court has and whether or not your ex partner co-operates with the process.
How much will the dissolution of my civil partnership cost?
If you appoint Sinclair Law Solicitors, as a guide and including the court fee of £593.00, provided the proceedings are not defended, we would normally estimate a fee in the region of £1500.00 including VAT and court fee of £593.00.
This will include a service that enables you to have complete confidence that the process will be handled expertly and efficiently from start to finish.
Will I have to appear in court?
No – it is very rare that in the dissolution proceedings either party will have to appear in court.
Are the proceedings public?
The only aspect of the process which takes place in a public court is when the pronouncement of the “Conditional Order” which has the same status as the “Decree Nisi” in divorce proceedings.
When that happens the Judge sitting in the public court will simply read a list of names (usually there are several pronouncements on the same day)and formally grant the Conditional Order.
Am I able to make any financial claims against my civil partner?
Yes – you have the right to make the same claims against your civil partner as if you had gone through the process of “divorce”.
For more information please refer to our guide on divorce and financial settlements.
Why use Sinclair Law Solicitors?
- Experts in assisting with same-sex family law matters
- Members of the UK LGBT Family Law Institute
- Proud sponsors of Proud 2 b Parents
- Free 30-minute consultation so we can get to know you and your individual situation
- Jargon-free friendly service
- An expert solicitor by your side helping you through every step of the process
- Our legal service costs are unrivalled by many larger law firms in South Manchester and Cheshire
- Transparent pricing with no nasty surprises
- Authorised and regulated by the Solicitors Regulation Authority
- Rated ‘Excellent’ by our clients on Google and Review Solicitors
