Divorce in the UK is governed by the Civil Partnership Act 2004, which allows couples in a civil partnership to legally end their relationship through a process known as dissolution.
A Detailed Guide to Dissolving a Civil Partnership in the UK
Grounds for Dissolution
Before applying for the dissolution of your civil partnership, you must have been in the partnership for at least one year. The only ground for dissolution is that the partnership has broken down irretrievably. This can be proven by providing evidence of one of the following four facts:
- Unreasonable behaviour
- Desertion
- Two years separation with consent
- Five years separation without consent
Filing for Dissolution
To start the dissolution process, you will need to complete a dissolution petition form (D8) and submit it to the court along with the court fee. The court will then issue the petition and send a copy to your partner.
Responding to the Petition
Your partner will have the opportunity to respond to the petition by completing an acknowledgement of service form. If they agree to the dissolution, they can indicate this on the form. If they do not agree, they can defend the petition or counterclaim.
Decree Nisi
If both parties agree to the dissolution, the court will set a date for the pronouncement of the decree nisi. This is a provisional decree that confirms the court is satisfied with the grounds for dissolution. It does not end the civil partnership.
Decree Absolute
Six weeks after the decree nisi has been granted, either party can apply for the decree absolute, which is the final legal document that ends the civil partnership. It is important to note that you are not officially divorced until the decree absolute has been granted.
Financial Settlement
During the dissolution process, you will also need to reach a financial settlement with your partner. This will involve dividing assets, property, and debts. If you cannot reach an agreement, the court may need to make a decision on your behalf.
Child Arrangements
If you have children together, you will also need to agree on arrangements for their care and upbringing. This may include custody, visitation rights, and financial support.
Seeking Legal Advice
It is recommended to seek legal advice throughout the dissolution process to ensure your rights are protected and to help navigate the legal complexities involved.
In conclusion, dissolving a civil partnership in the UK involves following a specific legal process outlined in the Civil Partnership Act 2004. By understanding the steps involved and seeking legal advice when needed, you can successfully navigate the dissolution process and move forward with your life.
