How can I get a dissolution in England and Wales?

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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.

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Do I need a solicitor?

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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.

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Are there any alternatives to dissolution?

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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.

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Do I need to go to court?

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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.

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How long does it take to get a dissolution?

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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.

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