Partner, Leesa Clemow, Resolution Accredited Specialist on Advanced Financial Provision, advises on the dissolution of civil partnerships.
The procedure in undefended dissolution cases is quite straightforward. For the dissolution itself it is rare for either party to appear in court and in most cases everything is dealt with by written application.
In order to dissolve your civil partnership you must have been in the partnership for more than 12 months. You will also need to show that the partnership is irretrievably broken down by proving one of four facts, namely:
Presuming that one of these facts exist, dissolution proceedings are started by a petition being prepared and filed at court. This will be served upon the other party by the court, through the post. The other party then has 14 days to return to the court a form called an ‘Acknowledgment of Service’. When the Acknowledgment of Service has been returned to the court, the petitioning party then files a statement which confirms the truth of the contents of the petition confirming that the petitioner finds it intolerable to live with the other party and is accompanied by a request that the court consider all of the circumstances. If it is satisfied with the papers the court sets a date for the pronouncement of a conditional order. Both parties receive notification of the date from the court. Once 6 weeks and 1 day have passed from the date of the conditional order, the petitioning party may apply to the court for the final dissolution order by completing a simple form and paying the appropriate fee. Sometimes it is sensible to delay applying immediately for the final order, for example where financial issues have not been resolved. If one of the parties to the dissolution applies for the final order before finances are sorted out and the other party dies there may be a loss of financial benefit.
If the petitioning party does not apply for the final dissolution order then 4½ months after the conditional order the other party may apply to the court for an order for dissolution of the civil partnership.
This process can be quite straightforward provided you are organised . To assist you, please review the following;
You may prefer to legalise your separation without actually dissolving your Civil Partnership. You may have been civil partners for less than a year and seek to resolve your financial claims or you are concerned that you will lose pension benefits in the event of your civil partner’s death.
Some couples prefer to reach an agreement about financial matters arising out of their separation without any court proceedings at all. This can be achieved by a signed written legal document, incorporating the agreement they have reached. Commonly, such agreements deal with confirmation that the parties to the civil partnership are to live apart and the manner in which maintenance and/or property are to be dealt. While there are no restrictions on what can or cannot be included in such an agreement, it is important to bear in mind that should either person make a subsequent financial application to the court, the court is not bound by the financial arrangements contained in the separation agreement.
The court’s fee to issue a dissolution of civil partnership petition is currently £550. Some people may not wish to issue their own proceedings and will instruct a firm of solicitors for assistance. Legal costs often vary between £1,000 and £2,000 for the dissolution. This does not include the costs of resolving your financial claims. Many firms will require funds on account of costs of a sum between £500 and £2, 000.
The pronouncement of the final order means your civil partnership is dissolved but all is not over from your partnership – you must resolve your financial claims.
If you require any legal advice on civil partnerships please contact Leesa on 02392 210 170.
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