Civil Partnership Dissolution

A civil partnership is a legally recognised union between two people, offering similar rights and responsibilities to marriage. Introduced in 2004 for same-sex couples, civil partnerships were extended to opposite-sex couples in England, Wales, and Northern Ireland in December 2019, and in Scotland in 2021. They provide a formal, non-religious alternative to marriage and can be registered at a local register office or an approved venue. Unlike marriage, a civil partnership is created simply by signing a civil partnership document, with no requirement for a ceremony.

Civil partners in the UK have the same legal rights and protections as married couples. These include rights to inheritance, tax benefits, pensions, parental responsibilities, financial security, and recognition as next of kin.

While civil partnerships and marriages share many similarities in terms of legal rights, there are some key differences:

• Marriages typically involve a formal ceremony, which can include religious elements if the couple chooses. In contrast, civil partnerships are entirely secular and are formed by signing a civil partnership schedule.
• The language used also differs - terms like 'marriage,’ 'husband,’ and ‘wife' are specific to marriage, while civil partnerships use neutral terms such as 'civil partner.'
• Some people see civil partnerships as a less traditional alternative to marriage. Couples might choose this option to formalise their relationship without the historical or cultural associations that come with marriage.

Yes, couples in England, Wales, and Scotland can convert their civil partnership into a marriage. This process is done at a local register office or another approved venue. It typically involves signing a declaration to confirm the conversion, providing identification and proof of the existing civil partnership, and paying a fee. The fee may vary depending on whether the conversion includes a ceremony or is purely administrative. Once the process is complete, the marriage is officially backdated to the original date of the civil partnership.

A civil partnership can be dissolved through a process similar to divorce, called dissolution. This can be done after at least one year of being in the partnership and requires proving that the relationship has irretrievably broken down. The application for dissolution is submitted to a court, but if the partnership is less than a year old, you can apply for a legal separation instead. Speak to our team for more detailed information or specific guidance.

The only ground for dissolution is the irretrievable breakdown of the partnership, which can be demonstrated through one of the following:

• Unreasonable behaviour: This can include physical or emotional abuse, infidelity, refusal to contribute financially, or behaviour that makes it unreasonable for the petitioner to continue the partnership.
• Two years' separation (with consent): Both partners must have lived apart for at least two years and agree to the dissolution.
• Five years' separation (without consent): If one partner does not consent to the dissolution, the petitioner can apply after five years of living apart.
• Desertion: One partner must have deserted the other for at least two years. This is rarely used as it can be challenging to prove.

No-fault dissolution laws introduced in 2022 allow partners to avoid attributing blame, making the process more amicable.

Not necessarily. If one partner applies for a dissolution, the other can choose to respond. In rare cases where the dissolution is contested, it might need to be resolved in court. However, since the introduction of no-fault dissolution, there’s no longer a need to argue over the reasons for the breakdown, which has made contested cases much less common.

Yes, if children are involved, their well-being is the top priority. Parents are encouraged to work together to decide where the children will live, how they will be supported financially, and what the visitation arrangements will be. If parents can’t agree, the court can step in and issue a Child Arrangements Order to settle custody and visitation matters, as well as a Child Maintenance Order to ensure financial support. Both parents will usually retain parental responsibility unless the court decides otherwise. For more details, visit our Child Arrangements page.