How to Dissolve a Civil Partnership
by Ernest Mordikai
If you are in a civil partnership relation, it will be dissolved when one of you dies. There is another way to end it legally. You can request one of several permissions from a court when trying to dissolve your partnership. A court can end a partnership by granting a separation or dissolution order or by ordering 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.
Dissolution or Separation Order Application
To obtain a dissolution or separation order you will need to submit several completed forms. The required blank forms and instructions are available on the Ministry of Justice website. You can download and print the appropriate forms. Any court office that handles civil partnership dissolutions will have the necessary forms.
When you agree to the disseverment of your civil partnership the court will review your paperwork and evidence of having lived apart. If everything is in compliance with the requirements, the court will issue a conditional order of dissolution. Without any complications the order will become final six weeks from the issuing date. If either of you do not agree to a dissolution of the partnership, it is best to seek the advice of a solicitor.
Living Apart Requirements
If both you and your partner agree to the dissolution of the partnership at the time you apply for an order, you need to have lived apart for a minimum of the last two years for the court to issue a grant. In the event you have been living apart for five years, there is no need for both parties to agree to a severance. Either party can apply to a court after the five year separation time frame.
A court issued dissolution or separation order may not be automatically granted even if you have been living apart for five years at the time of applying. The court can take into consideration any hardship, such as medical or financial, on either partner as a result of ending the civil partnership.
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.
Our law firm has years of expertise dealing with <a href="http://www.stewartslaw.com/services/divorce/civil-partnerships.aspx">a range of legal needs</a>. We are a team of dedicated legal experts that have established a reputation as one of the leading <a href="http://www.stewartslaw.com/">law firms in the North</a>. For additional information visit our web-site for guidance or phone us directly.
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