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At Pickerings Solicitors, our dedicated family lawyers are able to provide you with the help and support you need to properly and legally end your civil partnership.
If you have been in a civil partnership for a year or more, you can choose to apply for dissolution, providing a formal and legally recognised end to your relationship.
It's important to note that couples in civil partnership have the same legal rights as married couples, such as tax benefits, pensions, and inheritance entitlements, giving the same entitlements as a partner going through a divorce.
Similar to divorce proceedings, the dissolution of a civil partnership is overseen by the court.
Our family lawyers understand that ending a relationship can be a difficult journey, we handle every case with care, making sure you understand your options in order to achieve the best outcome for you. Call us on 01827 317070 or email sdavies@pickerings-solicitors.com
What is a dissolution?
The provisions of the Divorce, Dissolution, and Separation Act 2020, including the introduction of no fault divorce, specifically impact the legal proceedings associated with terminating a marriage or civil partnership. It is crucial to note that these changes do not extend to matters concerning the division of finances or arrangements for children.
How does the dissolution process work?
To end your civil partnership, certain criteria must be met:
- Duration of Civil Partnership: The civil partnership must have lasted for a minimum of one year.
- Irretrievable Breakdown: The applicant(s) must declare that the civil partnership has irretrievably broken down.
You have two options for filing a dissolution:
- Sole Application: You can apply for a dissolution by yourself as the sole applicant.
- Joint Application: Alternatively, you and your ex-partner can make a joint application as joint applicants.
If you are on the receiving end of a dissolution application, you will be referred to as the respondent.
To start dissolution proceedings, you will need to follow these steps:
- Complete and submit a Dissolution Application to the court, or respond to an application.
- Enter into a 20 week 'Cooling Off' Period. After submitting the application, a minimum 'cooling off period' of 20 weeks follows. During this time, it is crucial to seek legal advice from a family lawyer to address financial and child arrangements in the form of a consent order. This may include the division of property, assets, pensions, capital, and other financial matters as well as child arrangements.
- Conditional Order After the cooling off period, you can confirm your intention to proceed with the dissolution, by applying for a Conditional Order.
- Final Order This is the final stage of the legal process and normally happens 6 weeks after the Conditional Order. The Final Order confirms the end of the civil partnership.
It is advisable to consult with a family lawyer throughout the whole dissolution process to ensure all legal aspects, including financial and child arrangements, are appropriately addressed.
Understanding and successfully navigating these stages is essential for a smooth and legally sound divorce process. Pickerings Solicitors experienced family lawyers are here to support you through the process, ensuring a timely, straightforward conclusion to your relationship.
To speak to one of our separation lawyers, call us on 01827 317070 or email: sdavies@pickerings-solicitors.com
Finances During Dissolution
In dissolution proceedings, the resolution of financial matters and child arrangements are stand alone processes. It is strongly advisable to negotiate these matters separately, and seek legal advice early on in the dissolution process.
It's crucial to understand that, although the act of dissolution legally ends the civil partnership, it doesn't automatically address financial matters. To separate your finances, you need to reach a financial agreement, called a consent order and ask a court to approve it. This legally binding document outlines how your finances will be officially divided concerning the distribution of assets and wealth following the end of the civil partnership.
It is important to wait for court approval of the consent order before applying for the final order if financial issues are involved. This precaution is vital to safeguard potential entitlements, especially in the event of an unexpected death post-divorce but before the resolution of financial matters, which could impact widows' or widowers' entitlements.
Most importantly - take expert advice as soon as possible - don't wait until the civil partnership dissolution has ended.
Child Arrangements during divorce
In dissolution proceedings, the resolution of child arrangements and financial matters are stand alone processes. It is strongly advisable to negotiate these matters separately, and seek legal advice early on in the dissolution process.
Arrangements for children must be made within the consent order as these matters are handled separately from the dissolution proceedings. It can include details about how you’ll look after your children, such as:
- where they live
- how much time they will spend time with each parent
- how they will be financially supported
- when and what other types of contact take place (e.g; phone calls, letters...)
You and your ex-partner both have to sign the draft consent order before getting the order approved by court. In cases of disagreement, a court application may be necessary for the courts to decide. Alternative options, such as mediation, arbitration or collaborative family law can be explored as well. Pickerings family lawyers will be able to discuss this with you to decide the best route for your family.
Understanding and successfully navigating these stages is essential for a smooth and legally sound dissolution process. Pickerings Solicitors experienced family lawyers are here to support you through the process, ensuring a timely, straightforward conclusion to your relationship.
What does the conditional order mean in dissolution?
Once the application is acknowledged by your partner and after a 20 week cooling-off period, you apply for something called a conditional order. This happens early on in the process and doesn't mark the conclusion of the civil partnership. At this point, the couple remains legally in their civil partnership and have the option to stop the dissolution proceedings should they wish to.
How do I complete my dissolution after the conditional order has been announced?
Six weeks and a day after the court makes the conditional order, you can apply to the court for a final order (either as a sole applicant or as joint applicants with your partner).
This legally ends your civil partnership and must be obtained through a notice of application to the court, ensuring adherence to time limits and confirming no other reasons exist to deny the dissolution.
Once processed, the court sends the final order to both parties, marking your official dissolution. It’s important to note that if you were wanting to enter into a new civil partnership in the future that you will need to show this document, so it’s important to keep it safe.
How long does dissolution take?
If both parties involved co-operate and complete everything as early as they can, the whole dissolution process can take anywhere between 6 to 8 months on average. If however, there are disagreements or delays along the way, the process could take longer resulting in potentially higher legal costs too.
As divorce lawyers, our extensive expertise and commitment extends to delivering unwavering support, offering clear and consistent advice throughout the entirety of the dissolution process.
If you are in need of advice or more information on Dissolution or Civil Partnerships, contact Susan Davies on 01827 317070 or email sdavies@pickerings-solicitors.com
