To obtain a Dissolution Order to dissolve your civil partnership you must prove that the civil partnership has broken down irretrievably. You can do this by proving one of four grounds; behaviour, two years separation with your civil partner’s consent, five years separation without consent, or desertion.
To apply for dissolution on the ground of ‘behaviour’ you will need to give examples of behaviour by your civil partner that you as an individual find unreasonable.
Dissolution usually takes in the region of 6 months in straightforward cases. The parties’ finances will be dealt with separately to the dissolution and the Dissolution Order is often deferred until the finances have been resolved.
If you and your civil partner have separated but do not wish to dissolve your civil partnership yet, or wish to wait until you have been separated for two years, you could sign and execute a Deed of Separation setting out the agreement you have reached. This would include a clause that you will convert the agreement into a Consent Order for the court when you apply for dissolution in the future.
A Deed of Separation is usually binding in future dissolution proceedings, unless there is a significant change in circumstances. You should both seek independent legal advice and give full financial disclosure in order to ensure that the Deed is as binding as possible.
We can help you by:
- Advising you on dissolution and your options
- Preparing your application for dissolution and dealing with the court process for you
- Drafting your Separation Deed
- Advising you of the likely legal costs involved