Civil Partnership Dissolution
An application for a dissolution order can be made by either civil partner on the ground that the civil partnership has broken down irretrievably.
A person who applies for a divorce is called ‘the Petitioner’ and their spouse is called ‘the Respondent’.
The one ground for divorce is that the marriage has irretrievably broken down. To prove this, the Petitioner must establish one of the following facts:
3. 2 Years Separation
4. 5 Years Separation
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That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with them. Examples of unreasonable behaviour are drinking to excess on a regular basis, gambling or inflicting violence on one or more occasions. This is by no means an exhaustive list and we would need to advise on each individual case as to whether a certain type of behaviour would succeed in establishing grounds for divorce. However, any allegations may be used and there may be some advantages to relying on less serious allegations. This may serve to ensure that your relationship with your estranged spouse can remain amicable making financial arrangements and arrangements for the children easier to agree.
That the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent. It is not necessary that the adultery is the cause of the breakdown of the marriage so adultery can still be relied upon even if it occurs after the parties have separated. Evidence of adultery must be provided either by an admission by the Respondent or other evidence that they have had sexual intercourse with a person of the opposite sex. The other party involved does not need to be named in order to establish adultery. Adultery can be used as a basis for divorce regardless of whether this occurs before or after you separate from your spouse. Not more than six months must have elapsed since you discovered the adultery, unless the adultery is continuing.
2 Years Separation With Consent
The Petitioner and Respondent must have lived separate and apart for a continuous period of 2 years and in addition, the Respondent must consent to the granting of a decree. If consent is not provided, then the Petition cannot proceed.
5 Years Separation
The Petitioner and Respondent have lived separate and apart for a continuous period of 5 years. Consent from the Respondent is not required to obtain a divorce on this ground.
This fact is very rarely relied upon. It requires separation to be entirely unilateral and the desertion must be for a minimum of 2 years before a Petition can be presented.
If a Petitioner is relying on the grounds of 2 years or 5 years separation, then they must not have lived with the Respondent for a continuous period of 6 months or separate periods totalling 6 months within that period of separation. Should this be the case, then a Petitioner will not be entitled to a divorce. Periods of cohabitation lasting for less than 6 months would have to be added to the 2 year or 5 year separation so that there has still been the requisite period of separation.
If a Petitioner is relying on the fact of adultery or unreasonable behaviour, then they must not have cohabited with the Respondent for 6 months or following discovery of the adultery or the last incident of unreasonable behaviour. Should this be the case, then they will not be entitled to rely on that ground.
Dissolution Of A Civil Partnership
An application for a Dissolution Order can be made by either civil partner on the ground that the civil partnership has broken down irretrievably. To establish this, one of the “facts” ie. Unreasonable behaviour, 2 year or 5 years separation or desertion must be proved. If you need guidance on whether you have grounds to dissolve your partnership, please contact one of our experienced family law solicitors.
If you wish to apply for an order dissolving your civil partnership and you know that your partner will not contest this, send an enquiry for a Civil Partnership Dissolution now.
Our Civil Partnership Dissolution Fixed Fee Service Includes:
- All the paperwork prepared and filed with the court on your behalf
- Advice and guidance on procedure from an experienced Family Law solicitor
- Direct access to our legal team by e-mail and telephone
- Regular progress reports all key stages of the procedure
By paying a fixed fee you can be satisfied that there are no unexpected costs.