Civil Partnership Dissolution

How is a civil partnership registered?

A civil partnership is a totally civil procedure performed by a registrar; in approved premises. In practice, the& procedure and ceremonies tend to be almost identical to civil marriage.

The main difference is that, although the option is available, there is no requirement for the exchange of vows in a civil partnership and registration takes place when both partners have signed the document. Whereas, with a civil marriage the marriage takes place upon the exchange of vows and the register is signed afterwards. In practice, both ceremonies often involve the exchange of vows followed by the signing of the register.

Signing the document can be private as it does not have to be part of a ceremony. 

To register a civil partnership, there are rules for eligibility and consent, you must give notice of your intentions and the details of each partner. The notice is published by the registration authority for a period of fifteen days. The registration can take place after this fifteen day period, and your notice is valid for twelve months. This procedure is almost identical to that for civil marriage.

What happens when a civil partnership comes to an end?

As in marriage, civil partnerships must be legally dissolved if the couple decide to end the relationship and the only ground for dissolving the partnership is, like divorce, the& irretrievable breakdown of the relationship. This must be based on one of four facts - which are again identical to those for divorce save for the omission of adultery. The procedure for dissolution is almost identical to that of divorce. Upon dissolution of the partnership the court will make a Dissolution Order.

Again, similar to divorce, the civil partnership can be annulled by the court, in certain circumstances.

To dissolve a civil partnership, it must have lasted for at least one year. The court must be satisfied that the relationship has permanently broken down, to do this you need to prove one of the following facts:

• Behaviour
• Separation of 2 years or more with consent; or
• Separation of 5 years or more
• Desertion

You must make arrangements for any children before you can be considered for a separation order.

If there are children in the family you must decide on the day-to-day care arrangements. The courts can do this if you are unable to reach an amicable decision. They will only step in if it will be in the best interests of the child and can make contact and residence orders. In this case, a Children and Family reporter (from CAFCASS) will become involved.

An application for dissolution or separation will require details of all dependants, care and financial arrangements.

At the end of a civil partnership, as with a divorce, financial matters will have to be resolved and this may include the transfer of property, lump sum orders, periodical payments, pension sharing orders, child maintenance etc.

What are civil partnerships?

A civil partnership is a recognised, legal union between two people of the same sex, which came into operation on 5 December 2005 with most of the rights, responsibilities and other consequences of marriage. Civil partnership registration in England and Wales is modelled on civil marriage and most provisions are similar or the same. Accordingly, gay or lesbian couples can now publicly register their relationship, showing their commitment to each other and both gain a number of rights and also acquire responsibility for each other.

Such rights and responsibilities extend, as in marriage to all aspects of the relationship, from finances to children. For example, where there are children in the family, civil partnerships enable the second partner to apply for parental responsibility; benefit applications will assess both partners; civil partners have next of kin rights and can now benefit from pension rights, inheritance tax provisions etc. in the same way as a married couple.