Civil Partnership Resolution

Notwithstanding that the Act only came into force in December 2005, problems have already surfaced in some relationships, requiring couples to seek advice regarding dissolving their civil partnerships.

 

The following is a factual guide to dissolution. The form to obtain a dissolution is called a “Petition” (D508). This form must be completed and taken to any Civil Partnership Proceedings County Court or to the Principle Registry in London. A Petition for Dissolution cannot be commenced until the first anniversary of the civil partnership has passed.

 

Within the Petition, you must set out the reasons (or “grounds”) for saying that the civil partnership is at an end. The expression the Court would use is that “the civil partnership has irretrievably broken down”. The Court will accept 1 or more of the following grounds as proof:-

 

Ø      that your civil partner’s behaviour has been so bad that you can no longer bear to live with them;

 

Ø      that you and your civil partner have lived apart for at least 2 years and he or she agrees to a dissolution;

 

Ø      that you and your civil partner have lived apart for at least 5 years; or

 

Ø      that your civil partner deserted you at least 2 years ago.

 

Both partners must have permanent homes (domiciled) in England or Wales when the Petition is started; or, both partners must both be living in England and Wales when the Petition is started; or, both partners must both have had their last home in England or Wales and 1 of the partners must still be living in either of these countries when the Petition is started; or, 1 partner must have been living in England or Wales for at least 1 year on the day the Petition is started; or, the person issuing the Petition must have a permanent home in England or Wales and have been living in either of these countries for at least 6 months on the day the Petition was started.

 

Where none of the above apply, you may still get a dissolution in England and Wales if either party to a civil partnership is domiciled in England or Wales or either partner were registered as civil partners in England or Wales and it is in the interests of justice for the Court to assume jurisdiction in that particular case.

 

Whilst it is not strictly necessary for a civil partner to instruct a Solicitor to obtain a dissolution, it would be useful to have legal advice before starting a Petition if:-

 

Ø      you do not know whether you have grounds for a dissolution;

 

Ø      your civil partner is not likely to agree to a dissolution;

 

 

Ø      you have not agreed with your civil partner who the children should live with; or,

 

Ø      you have not agreed about any financial support for the children or yourself or about any property.

 

The Court will provide the forms that are required. The forms are free of charge. If assistance is required in completing the forms and a Solicitor has not been instructed then the Citizens Advice Bureau will assist.

 

If it is possible to agree with your civil partner about financial support, property and arrangements for any children, you may not have to attend a Court Hearing at all.

 

You may have to attend a Court Hearing if you ask the Court to make an Order for financial support or cannot agree about the arrangements for the children.

 

You may have to pay a fee to start your Petition and to obtain the document which shows your civil partnership has been dissolved, i.e. “the final Order”. You may also have to pay a fee to the Court to pursue an Application for financial support or an Application relating to any children. In certain circumstances, you may be exempt from paying a fee. The Court can provide an Application (Form EX164A) which you will need to complete, a separate Application for each fee that you would otherwise have to pay.

 

When you are ready to apply to the Court for dissolution of your civil partnership, you will need to provide the Court with a copy of your Civil Partnership Certificate. It will be kept by the Court on file. The Court will not accept a photocopy of the Civil Partnership Certificate. In the event that you require a copy of your Civil Partnership Certificate, a copy may be obtained if you entered into a civil partnership in England or Wales from the Office of a Registrar of Births, Deaths and Marriages from the District in which you entered into your civil partnership. You can also obtain a copy from the Registrar General, ONS Southport, Smedley, Hyde Row, Trafalgar Road, Berkdale, Southport, PR8 2HH (telephone number: 0151 4714200). You cannot visit the above office and can only apply by post.

 

The following is a list of Civil Partnership Proceedings County Courts: Birmingham, Brighton, Bristol, Cardiff, Chester, Exeter, Leeds, Manchester, Newcastle upon Tyne, Principle Registry of the Family Division.