Civil Partnerships
Our civil partnership solicitors in Sheffield know that not all relationships work out and couples do separate. Many people ask the same question, is the civil partnership and divorce procedure the same? The procedure isn't the exact same but it is very similar in that your relationship needs to have broken down irretrievably and by proving one of four facts;
- Your partner has behaved in such a way that you cannot reasonably be expected to live with them.
- Your partner has deserted you for two or more years
- That you and your partner have been separated for two or more years and you both agree to the dissolution of the partnership
- That you and your partner have been separated for five or more years
Unlike divorce (same for same sex divorces), there is no provision for adultery and if your partner has been unfaithful to you during the relationship, then this could be included within the behaviour petition.
Click on any of the following link for further information on:
- Financial settlements
- Dissolution involving children
- Collaborative dissolution
- Fixed fee / pay as you go dissolution
Please click here to view our practical guide to separating which you may find useful.
Contact us to book your free initial appointment (30 minutes) via email by clicking here or call us on 0114 266 6660.
FAQs
Can I rely on adultery to end/dissolve my civil partnership?
Your relationship needs to have broken down irretrievably and this is established by proving one of four facts:
- Your partner has behaved in such a way that you cannot reasonably be expected to live with them (behaviour).
- Your partner has deserted you for two or more years.
- That you and your partner have been separated for two or more years and you both agree to the dissolution of the partnership.
- That you and your partner have been separated for five or more years.
Unlike divorce (same for same sex divorces) there is no provision for adultery so, if your partner has been unfaithful to you during the civil partnership, then this could be included as their behaviour.
Is the procedure for dissolution of a civil partnership the same as a divorce?
Apart from not being able to rely on the fact of adultery (see the above FAQ) and the wording used for the various stages of a dissolution (for example, you will obtain a final order ending the civil partnership whereas those that divorce will obtain a decree absolute) the procedure is the same for both a divorce and dissolution.
Can I get a quickie civil partnership dissolution?
No, this is just a term coined by the tabloid media. The length of time which a dissolution takes through the court process is usually the same for any of the “facts” of dissolution, but when the dissolution starts is dependent upon whether the parties wish to wait until after two years or five years’ separation or whether they wish to initiate proceedings immediately on unreasonable behaviour. A straightforward uncontested dissolution where both parties cooperate is likely to take the least amount of time to complete, but these can take longer where there are complicating factors.
