The splitting between partners is no longer a rarity nor a topic to shy away from in today’s society. It is becoming far more common for divorces to take place, the divorce rate increased from 0.8 per 1 000 persons in 1965 to 1.9 in 2015.
Understandably, the process of divorce is emotionally difficult and stressful with lives being affected and lifestyles changing. The lack of understanding of how a dissolution takes place adds to the stress for clients looking to end their partnership. Through the help of family solicitors, the stress of applying will be relieved as they take care of the process.
The process involved in the termination of a civil partnership is known as ‘dissolution’. The partnership must be at least a year old before filing to Court for a dissolution. In order to dissolve a partnership in either England or Wales, it is a requirement that at least one of the partners must live in England or Wales. Generally one doesn’t have to attend Court or meet a judge in order to get approval for a dissolution. However, on the rare occasion a partner wants to defend proceedings, it will require the partners to go to Court. This is more expensive.
The first step to start a civil partnership dissolution will be to lodge a petition to Court. This document contains reasons for wanting to dissolve the partnership. An original or official copy of the Civil Partnership Certificate will need to be sent over along with the petition. Alongside this a court fee will need to be paid unless an exemption is approved for those on low income.
It will have to be proven that the partnership has broken down, there are facts which can prove this.
- Your partner has behaved unreasonably
- Your partner has deserted you
- You have been separated for 2 years and your partner agrees to the dissolution
- You have lived apart for 5 years
The time taken to finalise the dissolution of a civil partnership is estimated to be between 4 – 6 months, but in reality with outstanding issues in regards to finances and children can hold up proceedings and delay the finalisation. With the help of family solicitors, the process should be smoothed out to reduce further stress with priority in getting a deal the client is satisfied with.