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You need to be in a civil partnership for at least a year before you can apply to court for a dissolution. If you’re separated but have been in a civil partnership for less than a year, do still speak to our solicitors about protecting your position.
There is only one ground for dissolution in England and Wales, which is proving that your civil partnership has broken down irretrievably. In order to prove this, you need to be able to rely on one of the following four facts:
The unreasonable behaviour of your civil partner
The desertion of your civil partner
Two years’ separation from your civil partner with their consent
Five years’ separation from your civil partner (is this without consent?)
You may wish to simply separate from your partner before deciding for a dissolution. You can formalise your separation by way of a Separation Agreement: a legally binding contract that sets out the arrangements for your children and/or finances without involving the courts.
If dissolution is warranted, assuming no complications and the petition is undisputed, the process usually takes between four to six months to complete. Most dissolution cases can be resolved without attending court; however, if you are required to attend court, your Rucklidge’s solicitor will guide you through the process and explain your options, specific to your individual circumstances, so that you can decide how best to go forward.
If you’ve already been separated from your civil partner for some time and no longer know where they reside, we can help you make other applications to the court to progress your dissolution.
Your solicitor will help make the ending of your civil partnership as smooth as possible. They will ensure that queries from the court are swiftly addressed, as any mistakes on your dissolution papers may delay proceedings. Rucklidge’s will ensure you’re properly advised when it comes to reaching a financial settlement and that any decision is enforced. They will work in your best interests and towards your optimum outcome.
"You need to be in a civil partnership for at least one year before you can apply to court for a dissolution. If you are separated but have been in a civil partnership for less than one year please still speak to our dissolution solicitor about the ways in which you can protect your position."