Civil Partnership Divorce & Dissolution
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The civil partnership dissolution (civil partnership divorce) process requires formal legal proceedings when the relationship breaks down, to end the legal agreement between the couple.
If you're contemplating the possibility of ending your civil partnership, it's a good idea to get some legal advice before doing so to get a clear understanding of the options available to you in respect of divorce, as well as in relation to the division of matrimonial assets and arrangements relating to the children.
The process can be daunting, but our aim is to provide you with practical guidance, allowing you to tackle each aspect step by step.
We recognise that coping with divorce or dissolution can be emotionally challenging. Our commitment is to guide you through the process and offer support in making decisions that align with your best interests.
Yes, both civil partnership dissolutions and divorces share similar legal procedures in the UK. Both marriages and civil partnerships are legally recognised unions, entitling them to the same legal rights. "Dissolution" is used for civil partnerships and "divorce" for marriages. Therefore, while the terminology differs, the fundamental legal rights and procedures are essentially the same.
Typically, the divorce process takes around 6 to 8 months. There may be a delay if your spouse does not respond to the divorce within the specified timeframe, or if you do not know their current whereabouts. There are various ways to progress your divorce whatever the circumstances.
In some circumstances, it may be necessary to delay the conclusion of divorce proceedings until an agreement has been reached as to the division of the matrimonial assets.
You are eligible for divorce and dissolution in England or Wales if you have been married, or in a civil partnership, for at least 12 months. Your marriage or civil partnership must be legally recognised in the UK and either you or your spouse must have lived in the UK over the last 12 months.
The divorce process changed in April 2022. There is no longer a requirement to place the ‘blame’ on one spouse for the breakdown of the marriage, or to be prove that you have been separated for a certain period of time. That is why the new divorce process is sometimes referred to as a “no-fault divorce”.
A divorce application can either be made as a single application or a joint application. However, there is no real ability to defend a divorce application. The divorce can only be disputed on the basis that the marriage or civil partnership itself is not valid or that the Court does not have the jurisdiction to deal with the divorce.
Once a divorce application is issued, your spouse will receive notice of divorce proceedings, and your spouse will need to confirm whether they agree with the application or intend to defend the divorce. Once your spouse responds, you enter into a ‘waiting period’ of 20 weeks from the start of divorce proceedings, after which you can apply for a conditional order (referred to as a “decree nisi” under the old divorce process). The waiting period allows an opportunity for separating couples to agree on arrangements for the future such as the division of matrimonial assets and any child arrangements.
A conditional order is made by the Court where the Court sees no reason why the divorce or dissolution cannot proceed to a conclusion. However, Once a conditional order is granted, you will need to wait a further period of six weeks before you can apply for a final order (previously referred to as a “decree absolute”) and this confirms the end of your marriage or civil partnership.
It is sensible to resolve financial/property matters before the Final Order is applied for.
A Court fee of £593 is payable upon the filing of your divorce application, as well as your legal fees.
When it comes to dividing assets during a divorce, reaching an agreement can be challenging, especially if your finances are intertwined or one party believes they are entitled to more. In such situations, seeking assistance is essential. Options include family mediation or arbitration sessions, and as a last resort, court intervention.
Although getting a divorce or dissolution will terminate your marriage or civil partnership, it does not resolve the financial aspect of the breakdown of your marriage. Your spouse may still be able to claim a share of your assets (including pensions), property or income in the future – even if you acquired them after your divorce. If you remarry, you cannot make a financial claim against your spouse, but your spouse may still be able to make a claim against you, providing they have not remarried.
Any agreement as to the division of matrimonial assets is reflected in a financial order (which will need to be approved by the Court) and which also prevents either of you from making any further claims in the future. You should consider this even if you think that there are no matrimonial assets to divide.
It is possible to resolve financial and property matters pertaining to the marriage, without involving the Court (except to approve an agreed financial order, referred to as a “consent order”).
If you wish to negotiate settlement terms or be advised as to the merits of any proposed settlement terms, it is first advised that you and your spouse make disclosure to the other of your respective financial circumstances, assets and income. There may be disputes about what you each consider should form part of the matrimonial pot or what assets should be excluded.
Whilst the starting point in respect of dividing the matrimonial assets is ‘50/50’, each case very much turns on its own facts and there are a lot of elements that come into play when considering the most appropriate settlement terms. Consideration also needs to be given to the specific circumstances of your marriage and, importantly, the financial needs of you, your spouse and any children.
If you and your spouse cannot agree on settlement terms, then it may be necessary to start Court proceedings.
Our specialist team of family lawyers can provide with you more detail and tailored advice.
Obtaining an expert family law solicitor before initiating a divorce or dissolution is a wise decision, but it's important to note that there is no mandatory requirement to instruct a solicitor for divorce proceedings.
Many people find that using a divorce or dissolution solicitor brings peace of mind and eases some of the stress associated with the process.
A family law solicitor will provide comprehensive guidance, assist in completing the necessary documentation, gather financial evidence, and negotiate settlements on your behalf.
At GloverPriest, we understand that each situation is sensitive and that everyone’s circumstances are different. This is why we tailor our service to find the best outcome for your situation.
We offer an introductory consultation with an expert member of our legal team. This meeting is free of charge and designed for you to get to know our firm and your solicitor and to discuss your case in further detail.
We believe that many clients find the initial consultation highly beneficial in helping them make informed decisions on how they wish to proceed.
Our team of specialised family law solicitors is here to provide you with support and advice on your divorce. Start your divorce or dissolution online by completing this form. Alternatively, call one of our experts on 0121 794 5814 for further advice or use our contact form to request a callback.
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