What are the grounds for Civil Partnership Dissolution?
The number of people in Civil Partnerships almost doubled between the period of 2012-2022. As of 2022, there were an estimated 222,000 people in Civil Partnerships in England and Wales. This data from the Office for National Statistics shows a rise in Civil Partnerships, even amongst opposite-sex couples, who accounted for 87.3% of all formations in 2022. This would suggest that there is a growing acknowledgement of Civil Partnerships as legal recognition of a relationship that is distinct from a Marriage but means that couples can still benefit from legal safeguards.
The provisions for a Civil Partnership are set out in the Civil Partnership Act 2004, which first enabled same-sex couples to obtain legal recognition of their relationship. A Civil Partnership has similar legal recognition and rights as a Marriage and has been available to both same-sex and opposite-sex couples since 2019.
Before the introduction of the Divorce, Dissolution and Separation Act 2020 (also known as ‘No Fault Divorce’), there were four possible ‘grounds’ for dissolving a Civil Partnership:
In respect of same-sex Civil Partnerships, this differed very slightly from the grounds for a Divorce with the omission of ‘adultery’ as a ground. This is because the law defined adultery as ‘intercourse between two people of the opposite sex who are not married/in a civil partnership’ so it could only be used as evidence where the third party was of the opposite sex.
However, the process has now become much simpler and less adversarial. Like the new Divorce process, the Dissolution process has been updated to remove the above-mentioned grounds which, in turn, disconnects from any blame. It now focusses on confirmation that the relationship has ‘broken down irretrievably’ – this is now the only ‘ground’ for Dissolution, and the Applicant simply needs to provide a statement confirming that the Civil Partnership has irretrievably broken down; no further evidence is required. Under the previous process, the Respondent could dispute the reason for the separation given by the Applicant. However there are now limited reasons for which the Dissolution could be contested, including fraudulence, on the basis that the Partnership was never valid, or if there are jurisdiction issues (for example, you and your Civil Partner must be habitually resident in England and Wales – or there are alternative provisions regarding domicile). If the Respondent does intend to contest the Dissolution, they will have 21 days to give their explanation to the Court.
There are lots of legal similarities between a Marriage and a Civil Partnership, so we follow the same legal formalities when they sadly come to an end. Parties must have been in the Civil Partnership for a least a year before the initial application can be made to the Court. This can be made solely, by one spouse, or jointly, by spouses together, as Applicant 1 and Applicant 2. You can find a summary of the process in our step-by-step guide, The Divorce and Civil Partnership Dissolution Process.
Keep in mind that starting the Dissolution process doesn’t automatically include resolving financial matters – they are dealt with separately, alongside the Dissolution process. Instructing a solicitor for a Dissolution isn’t mandatory but it is advisable to ensure that spouses both understand their positions, particularly relating to financial and/or child arrangement disputes. Instructing a solicitor doesn’t have to mean that the process is anything other than amicable. There are a number of non-court dispute resolution methods that our team would be more than happy to discuss and help to get you started.
It is important to note that if the Civil Partnership is not legally dissolved, any agreement regarding finances will not be fully binding and enforceable unless you have a Final Dissolution Order – until which point, financial rights and responsibilities will continue. Moreover, if you do not dissolve your Civil Partnership, neither party can enter into another Civil Partnership or Marriage.
If you have any questions relating to this and would like to book an appointment with one our specialists, please contact us to speak with a member of our team.