Ending a civil partnership

What is a civil partnership and how can it be dissolved?

Civil partnerships are a legally recognised union between two people of the same sex.  Couples who enter into a civil partnership have the rights to the same legal treatment across a range of issues as a married couple would expect.  A civil partnership can be brought to an end by dissolution but is not dissolved until a Dissolution Order is granted by the court. The pronouncement of a Dissolution Order cancels all legal duties and responsibilities of the civil partnership and essentially ends the legal contract between the couple.

The dissolution process does not include making final arrangements for children or financial settlement.  Although often very relevant to a separating couple, these arrangements are in addition to the dissolution itself and can be dealt with either by agreement or by applications to court if agreements cannot be reached. 

What is the 'ground' for dissolution of a civil partnership?

There is only one ground for dissolution of the partnership and that is that it has irretrievably broken down.  However, the person applying for the dissolution must choose one of four facts to prove that the relationship has broken down. 

What are the four facts?

A partner has behaved in such a way that a person cannot be reasonably expected to live with them any longer.  This can include having a relationship with another person.  This is known as unreasonable behaviour.

A person has been deserted by their partner for a period of 2 years.  This is known as desertion.

A couple have lived apart for at least 2 years immediately preceding the commencement of the dissolution process and there is consent to the Dissolution Order being granted.  This is known as 2 years separation with consent.

A couple have lived apart for at least 5 years immediately preceding the commencement of the dissolution process and for this no consent is required.  This is known as 5 years separation.