Dissolution of a civil partnership is by court order (the same courts deal with divorce) if either partner successfully alleges that the relationship has broken down at any time 12 months after the initial registration, while proving one of four conditions.
Those conditions are: that the other partner has behaved unreasonably; that the parties have been separated for two years and it is agreed in writing that the partnership should be dissolved; that one partner has deserted the other for two years; or that the parties have been separated for five years.
These conditions are identical to the grounds required for (heterosexual) divorce, with the exception that on the dissolution of a civil partnership it is not possible to rely on a finding of adultery, as it has been assumed that cannot be committed in a same-sex partnership.
As with divorce, on a decree of dissolution the court is given powers to make orders dealing with the arrangements for residence and contact of any children of the relationship. The court can also make financial provision in the form of property transfer, pension, lump sum and maintenance orders.
On the death of a civil partner, rights of succession identical to those given to the survivor of a marriage are conferred on the surviving partner.
Contact our specialist family law team for legal advice on dissolution.
Please call 0800 916 9055, or email enquiries@slatergordon.co.uk. Our family law solicitors operate across the country, and can offer immediate and accessible representation anywhere in England and Wales.
Already know your expert?
Find their contact details here:
