Civil partnerships are available to both same-sex and opposite-sex couples in England and Wales. The comprehensive civil partnership law is contained in the Civil Partnership Act of 2004.
The civil partnership dissolution process begins by submitting a dissolution application to the court. You must have been in the civil partnership for at least one year before you can apply.
Applications can be made online or by post. A court fee of £612 is payable when issuing the application, although fee exemptions or reductions may be available depending on your financial circumstances.
Under the current no-fault dissolution process in England and Wales, there is a minimum 20-week period from the date the application is issued before an application can be made for a conditional order. Once the conditional order has been granted, there is a further minimum period of 6 weeks and 1 day before an application can be made for the final order, which legally ends the civil partnership.
Overall, the process takes a minimum of approximately 26 weeks, although it may take longer depending on the circumstances of the case.
During the application process, you will need to provide the current address of your civil partner, as the court will directly furnish them with a copy of the application. If you are still determining their whereabouts, other options do exist.
Partners who use the online application process need a ready debit or credit card when making the application. To apply via post, fill out a dissolution application form. You may wish to seek legal advice or contact Citizens Advice if you need guidance on completing the application.
Once duly filled, send a copy to HMCTS Divorce and Dissolution Service and retain a copy. Applicants who use the post have two payment options; use a cheque payable to HM Courts and Tribunals Service or pay through a debit or credit card. When you choose a debit card, HM Courts customer support will advise you on how to make the payment.
After the dissolution application has been issued and acknowledged, the next stage is to apply for a conditional order.
An application for a conditional order can be made once the mandatory 20-week period from the date of issue has passed and the procedural requirements have been met.
The conditional order is the stage at which the court confirms that it sees no legal reason why the civil partnership cannot be dissolved
At any point after the conditional order, the court is able to make a binding financial order by consent or following an application by either party.
The final order is the last document issued, which confirms that the civil partnership has ended. You are then free to marry or enter another civil partnership – but be sure to take legal advice before you do so if a financial court order has not been obtained.
Get in Touch
