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Civil partnerships

Our family lawyers have been advising on the legalities of civil partnerships since they were originally introduced for same-sex couples in 2005 (and extended to opposite-sex couples in 2019). These are legally recognised relationships giving civil partners broadly the same legal rights as married couples. For many people, a civil partnership is a better reflection of a modern relationship without the cultural connotations of a traditional marriage.

Civil partnerships differ from marriage in three ways: if the relationship breaks down, it is called a dissolution, not a divorce; civil partners cannot legally refer to themselves as ‘married’; and some countries do not recognise civil partnerships which may be relevant if moving to live abroad.

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Dissolving a civil partnership

The principle of ‘no-fault’ divorce introduced in 2022 (formally known as the Divorce, Dissolution and Separation Act 2020) applies equally to civil partners whose relationship has broken down. This means that couples can initiate dissolution proceedings without having to assign blame. However, the following must apply before you can proceed:

You have been in a civil partnership for a minimum of 12 months
Your civil partnership is legally recognised in the UK
Your relationship has broken down irretrievably
One of you permanently lives in the UK

You can file a no-fault dissolution application online via the gov.uk website and we can help to guide you through this process. This can be done as either a sole or joint application.

Once you have applied for dissolution, there is a 20-week ‘cooling off’ period. Some couples use this time to decide if there is any scope for reconciliation and if not, to discuss finances and arrangements for any children.

Once the 20-week period has passed, an application can be made for a Conditional Order. The Conditional Order confirms that the court sees no reason why the civil partnership cannot be dissolved and sets a date to make this declaration.

After 6 weeks from the date of the Conditional Order an application can be made for the Final Order. The civil partnership only comes to an end once the Final Order has been granted. We would usually advise not applying for a final order until you have agreed a financial settlement which has been endorsed by the court.

Calculating finances

Changing your legal status through dissolution may have significant financial consequences.

Although some couples may be able to reach an equitable agreement themselves, often they require some help which can be delivered via mediation, collaborative law, arbitration or negotiation between their respective solicitors. It is vital that couples get sound advice on the correct way to value and share property, savings and income. Assets such as pensions are often neglected and require special consideration. In each case the relative merits of achieving a ‘clean break’ (receiving a lump sum) or receiving ongoing support are considered.

Once an agreement is reached, the court will usually be asked to endorse the terms to which you have agreed through a consent order. This can only be done if dissolution proceedings have been issued and you have a Conditional Order.

Children

If there are children under the age of 18, you will need to make arrangements for them. This will include deciding where they will live, how often each parent will see them, and how they will be supported financially.

Even if dissolution proceedings are issued, the court will not make any decisions relating to the children unless they are asked to do so.

Many parents use the guidance of their family lawyer to prepare a parenting plan that sets out how the practical arrangements will work. A parenting plan can highlight issues in the hope that they can be discussed and agreed. If issues become difficult you can ask a third party to help such as a mediator, with applications to the court for a decision being a last resort.

Timescales

You should expect the dissolution application to take 8 - 10 months to complete.

Costs

For further details on the cost of a dissolution and other information, including more around the timescales often involved, please see our FAQs.

Pre-Civil Agreements

Similar to a prenuptial agreement for couples planning to marry, a pre-civil agreement can help to protect assets, in particular those built up outside the relationship, in the event of the relationship breaking down. Like prenups they are not legally binding, but courts will take them into account if they are correctly entered. This means that both parties need to take independent legal advice and provide evidence that neither has been pressured into signing an agreement.

Post-civil agreements, drawn up after a civil partnership has been entered into, are used to protect financial assets in case of relationship breakdown.