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When Civil Partnerships Need to End

By Ernest Mordikai


A civil partnership ceases to exist when one of the partners dies. Court permission is required if you or your partner want to end your civil partnership before this happening. You can request a court to issue a dissolution order, a separation order or an annulment.

Dissolution or Separation Order

For a civil partnership to be severed, you must obtain a dissolution or separation order from a court. You will need to prove to a court that your civil partnership deteriorated to the point of no longer being sustainable.

A court requires evidence of a basis for dissolution before granting an order. You will need to show that one of the following conditions has been met: (a) Your partner's treatment toward you has been uncivil; (b) Both you and your partner have agreed to the dissolution and have already lived apart for two years; or (c) Either you or your partner deserted the union at least two years ago. If either partner opposes the end of the partnership, you and your partner will need to have lived separately for the last five years.

Obtaining a Dissolution/Separation Order

You will be required to fill out several forms when applying for a dissolution or separation order. The Ministry of Justice website has the blank forms and instructions so that you can download and print the forms. You can also get the required forms from any court office that works with civil partnership dissolutions.

When there are no complex circumstances and both partners agree to end the partnership, the legal process can be completed in a smooth manner. The court will examine your forms and evidence of both partners having lived apart for the required number of years. If everything is satisfactory, the court will issue a conditional order of dissolution. The order becomes final and binding six weeks from the original date of issue. It is best to obtain legal counsel if you or your partner disagrees with ending the relationship.

Living Apart Requirements

There is a requirement when both partners agree to end the civil partnership that they have already lived apart for a minimum of two years. When applying for a dissolution or separation order, the courts will need this evidence prior to issuing any order. There is no requirement for a mutual agreement if you have lived apart for the last five years. At that point either party can apply for a court order.

A court has the ability to deny a dissolution or separation order even if you and your partner have lived apart for five or more years. The court may consider any condition, whether financial or health related, that would create an adverse hardship on either partner.

Ending a civil partnership when one partner is not a British citizen may impact the non-resident's ability to remain in the UK. When children are involved in a partnership disseverment, arrangements for the children's welfare must be decided before the union is dissolved.




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