How Can a Solicitor Help with Civil Partnership Dissolution?
Dissolving a civil partnership can involve complex decisions regarding finances, property, pensions, debts, and children. Even where matters seem straightforward, a solicitor can assist by:
- Ensuring your application is completed correctly, and advising on sole or joint applications.
- Guiding you through legal paperwork and procedural steps, minimising risk of delays or errors.
- Reviewing financial circumstances, including pensions, property, business assets, and debts, so assets are divided fairly and consent orders are properly drafted.
- Advising on child arrangements, including living arrangements, contact, parental responsibility, and safeguarding concerns, with mediation or Court guidance where needed.
- Negotiating on your behalf with your former partner or their solicitor, especially where communication is difficult or sensitive.
- Protecting your financial interests, including advising on when to apply for the Final Order, so no entitlements to maintenance, inheritance, or pension benefits are inadvertently lost.
- Helping avoid future claims or disputes by ensuring settlement agreements are legally binding and comprehensive.
Involving a solicitor early can provide peace of mind, reduce stress, and help avoid costly mistakes that could affect your financial position or family arrangements in the future.
What is a civil partnership dissolution?
A civil partnership dissolution is the legal termination of a civil partnership, which is a legally recognised relationship between two people (same or opposite-sex).
How do you dissolve a civil partnership?
You can dissolve your civil partnership online or by post, both costing a fee. An application can be made by you and your partner, or just you. A sole application is usually done if your partner doesn’t agree to end the partnership or they’re uncooperative.
The process takes around six months to complete. Our solicitors can help you with any queries you have, eliminating any confusing jargon, with the aim of easing your worries and concerns.
Although it is possible to deal with the dissolution application yourself, instructing a solicitor can be particularly helpful if your partner is not engaging, you are unsure whether to make a sole or joint application, there are concerns about timing, or you want reassurance that the correct paperwork is being completed at each stage. A solicitor can explain the effect of the Conditional Order and Final Order, keep the process on track, correspond with your former partner or their solicitor where needed, and help you avoid taking steps too early that could affect your financial position.
- Once you’ve applied online, it’ll be acknowledged. There will be a 20-week period which is there to ensure you’ve made the right decision and give you ample time to reflect on your decision.
- After this period, you can apply for a ‘Conditional Order’. This is to say that the Court doesn’t see any reason as to why your partnership can’t be dissolved.
- A further six-week period follows.
- You’ll then need to apply for a ‘Final Order’. This is what will legally end your partnership.
When might a civil partnership be dissolved?
Relationships go through twists and turns, but sometimes they become irreparable. If you’re considering dissolving your civil partnership, you’ll need to consider a few things first.
The Divorce, Dissolution and Separation Act 2020, which was implemented in 2022, saw a ‘no-fault’ approach introduced, which meant that you didn’t need to state a reason as to why you wanted to dissolve your partnership.
Now, you can dissolve a civil partnership if the relationship has broken down – you don’t need to say why and neither does your partner if this is a mutual dissolution, but you must state that the partnership is beyond repair.
It’s worth noting however that you must have been in the civil partnership for at least a year, and you can make a joint or sole application.
How to deal with shared assets after a civil partnership dissolution
Finances
When you’re dissolving your civil partnership, you’ll need to think about what happens to your assets. How will they be divided? If you’re unsure, we’re here to guide you through it. A Court doesn’t tend to do this for you, so you’ll need to come to an agreement between you and your partner or make a separate application. You’ll want to think about the following:
This is often where having a solicitor instructed can make a real difference. Dissolving the civil partnership does not automatically resolve financial claims between you, so even if you reach an agreement directly, it should usually be recorded properly in a financial consent order. A solicitor can review financial disclosure, identify issues such as pensions, business assets, mortgage liabilities or unequal incomes, advise on whether a proposed settlement is fair, draft or review the consent order, and submit the paperwork to the Court for approval. This helps reduce the risk of future disputes or further financial claims later on.
- Property – did you share a property together? Mortgages and other properties, if there’s more than one, will need to be reviewed.
- Pensions – if you shared a pension, this would need to be considered, or offsetting could be another option.
- Savings – any shared bank accounts, stocks and ISAs may need to be divided.
- Debt – joint debts will need to be accounted for.
- Maintenance – sometimes, one partner will require maintenance support from the other, so this should be discussed when deciding on your financial settlement.
Children
It can be difficult when children are involved during a relationship breakdown, as you’ll want to try and avoid as much conflict as possible. If you have children together, their wellbeing and needs will be a top priority for you and for the Court. Think about:
- Where your children will live and with whom. How will their time be split between you and your partner?
- Any payments that go towards child maintenance.
- Decision making and parental responsibility.
- Other important factors like where the child will go to school, any medical needs and decisions and holidays abroad.
In ideal circumstances, you’ll be able to come to an amicable agreement with your partner without the need for Court intervention, which can then be formalised via a plan or consent order. However, in some cases Court is necessary and can help with finalising a Child Arrangement Order.
A solicitor can also assist where child arrangements are sensitive, uncertain or disputed. They can help you understand your legal position, advise on parental responsibility, prepare proposals for living and contact arrangements, negotiate with your former partner, and guide you through mediation or Court applications if agreement cannot be reached. Where safeguarding concerns, relocation, school decisions, holidays abroad or communication difficulties arise, legal advice can help ensure that any arrangements focus on the child’s welfare while also protecting your role as a parent.
If you need assistance in making these kinds of decisions, or you can’t reach an agreement with your partner, our family law solicitors can be on hand to help. We can guide you through certain processes and advise on decisions.
It is especially sensible to take advice before applying for the Final Order if financial arrangements have not yet been agreed or approved by the Court. A solicitor can advise whether it is better to wait until a financial order is in place, particularly where pensions, property ownership, inheritance, maintenance or death benefits may be relevant. This can help ensure you do not unintentionally lose protection or weaken your position before the financial side of the separation has been properly resolved.
Why choose Farleys?
With extensive experience in dealing with civil partnership dissolution, Farleys is known for providing quality services to clients, taking your matters into our hands and helping you to deal with them efficiently and sensitively. We know how important family matters can be, and with civil partnership dissolutions, you most likely want to get back to living your life without stressing about finances, assets and other related aspects.
With a specialist family law team equipped with the knowledge and skills necessary to aid in your civil partnership dissolution, we’re here to be by your side in a potentially stressful situation like this. We’ll explain everything in plain English, ensuring you understand each step of the process, and we’ll provide support and advice through what can be a stressful time. Whether you’re in the early stages or you want some solid legal advice further down the line, we can be there to support you with care and compassion.
