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Civil Partnership

 

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."

FAQ's

How can I get a dissolution in England and Wales?


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. There is only one ground for dissolution in England and Wales and that is to prove that your civil partnership has broken down irretrievably. In order to prove this ground you can seek to rely on one of the following four facts:

  • The unreasonable behaviour of your civil partner; or
  • The desertion of you by your civil partner; or
  • Your two years separation from your civil partner with their consent; or
  • Your five years separation from your civil partner.




Do I need a solicitor?


Amongst other things, your Rucklidge’s dissolution solicitor will ensure that:

  1. any queries from the court are dealt with swiftly – if there are any mistakes on your dissolution papers the court could reject them and delay matters;
  2. any problems with your civil partner are dealt with swiftly – your civil partner might not return the dissolution papers to court or you might not be able to find them. You may need to make other applications to the court in order to progress your dissolution.
  3. the dates contained within the dissolution petition do not prejudice your financial claims;
  4. your claims for financial settlement are adequately provided for, within the dissolution petition;
  5. you are properly advised on reaching financial settlement within adequate timescales and protected, by the incorporation of that settlement into a court order;
  6. you are properly advised on the cost implications of the dissolution;
  7. the timing of the application to complete the dissolution (known as the Final Dissolution Order) is properly considered, taking into account the potential impact of this on financial matters, such as your pension entitlement.
any international issues are properly considered and you are advised accordingly.




Are there any alternatives to dissolution?


You may not wish to dissolve your civil partnership straight away, you may wish firstly to separate from your partner before permanently finalising your separation. You can formalise this separation by way of a Separation Agreement; a legally binding contract which sets out the arrangements for your children and/or finances without the courts involvement. Alternatively, you may wish to apply to court for a Separation Order which allows to court to resolve finances. The Separation Order does not bring your civil partnership to an end and you may not enter into another civil partnership. You may wish to attend counselling with your partner and see if you can resolve your differences, in attempt at reconciliation. Please do ask your Rucklidge’s solicitor for details of local counsellors.




Do I need to go to court?


Quite often the dissolution process can be completed entirely on paper and it is not necessary for the parties to attend court. However, in the rare case that you do need to go to court your Rucklidge’s dissolution solicitor can guide and support you through the process in the most cost effective way.




How long does it take to get a dissolution?


Providing that there are no complications, the dissolution process usually takes about four to six months to complete. There may be reasons that your Rucklidge’s dissolution solicitor advises you to delay completion of your dissolution, however, this is an issue which will be fully explored with you before you decide.





info@rucklidges.co.uk

0113 880 0864

Roscarrs Barn

3 Roscarrs, East Common Lane

Barlow, Selby

YO8 8EG

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Rucklidge Law Limited is a company registered in England and Wales with the registered number 12098511 and authorised and regulated by the Solicitors Regulation Authority SRA number 666766.  Registered Office: 5 Orchard Close, South Milford, Leeds, LS25 5BQ. Details of the SRA Standards and Regulations can be found at www.sra.org.uk

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