A dissolution application can be filed by either or both parties to the civil partnership, via a sole or joint application If a joint application is made, you will be equally responsible for the application. You can agree between yourselves how to pay the court fee for the application.

Process for dissolving a civil partnership via a sole application:

To apply for a civil partnership dissolution you must have entered into your civil partnership at least one year prior to making your application. You must also be living permanently in England or Wales and must meet certain residence conditions. Speak to one of our civil partnership dissolution solicitors if you are in any doubt.

The civil partnership dissolution process is generally administrative. Usually there is no need to see a judge, as it is almost always agreed by a judge on the paperwork.

Provided your partner doesn’t decide to defend the proceedings, the civil partnership dissolution process is usually quite straightforward. It’s not possible to defend proceedings for the dissolution of a civil partnership. They can be refuted, but only on the basis that the parties never entered a civil partnership, the civil partnership has already been dissolved or there are proceedings relevant to the ending of civil partnership in another country.

It is suggested by the court, and generally considered sensible, to notify the other party of the intention to commence proceedings, so they can take advice before legal proceedings are started. This is called a pre-action protocol.

Once an application is made and the contents of the application are agreed, the application is filed at court. Next, the respondent will be sent a copy in the post and by email and they must say whether or not they intend to refute the proceedings. The final steps of the civil partnership dissolution process are to apply for a conditional order after a mandatory 20 week period of contemplation and reflection has passed, then six weeks and one day after the conditional order is granted, you can apply for your final order.

If you and your partner are not in agreement regarding arrangements for your children or finances, these will be dealt with separately but alongside the dissolution process.