Dissolution of Civil Partnerships and Same Sex Marriages
Our solicitors can provide you with advice and representation from the beginning of the partnership to the end covering all aspects including the registration process and dissolution.
It’s essential to obtain sound professional advice when dealing with any relationship breakdown
The terms of a Dissolution are similar to Divorce but with some subtle differences. If a couple has married, then a divorce will be required rather than a dissolution.
You can apply for a ‘dissolution’ to end your Civil Partnership provided you have been in the partnership for a year.
When you apply for a dissolution of your Civil Partnership you will need to prove to the court that the Civil Partnership has broken down. Desertion, unreasonable behaviour and two or five-year separation all count towards a relationship break down.
The main difference between Civil Partnership dissolution and Divorce for same-sex couples is that the fact that Adultery is not available.
Grounds for dissolution
The law still defines Adultery as an act between a man and a woman, therefore, two people of the same sex cannot commit adultery.
In this instance, being sexually unfaithful is simply evidence for unreasonable behaviour.
You can use this fact for dissolution if your partner has behaved so badly that you can no longer bear to live with them.
The court will require evidence to support the application and this could include physical or mental cruelty, verbal or physical abuse, being sexually unfaithful and not contributing to the household running or finances.
This is a very rare fact to use, but it is still available legally.
You’ll have to demonstrate to the court that your partner has left you without any consultation or agreement, without reason and has left you for more than two years within the last two-and-a-half-year period.
Also, you can still claim desertion if you’ve lived together for up to six months in this period.
You can get a dissolution if you have lived apart for more than two years, and both agree to end the civil partnership.
Your civil partner must agree in writing to end the civil partnership.
Living apart for more than five years is usually enough to end a civil partnership, even if your civil partner disagrees.
Meet our team
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Hellen Williams
Legal Executive BA (Hons)
I find it particularly rewarding helping clients through the minefield of divorce and child related disputes. Seeing the transition from the first anxious steps to an end that allows them to move on with their lives is especially gratifying.