The legal process for dissolution of a civil partnership

Posted by Emma Hawkins on 7th January 2025

Ending a civil partnership can be a challenging and emotional time. Understanding the legal process for dissolution can make things clearer and help you plan for the future. Since the introduction of the Divorce, Dissolution and Separation Act 2020, the process for dissolving a civil partnership in England and Wales has become simpler, removing the need to assign blame for the breakdown of the relationship.

The legal process for dissolution of a civil partnership

Like the divorce process the legal process for dissolution now focuses solely on confirming that the partnership has experienced an irretrievable breakdown. Senior paralegal Emma Hawkins outlines the key steps involved:

Stages of Dissolution

1. Deciding how to apply

• • You can apply for dissolution either as a sole applicant or as joint applicants.
  • If applying jointly, either party can switch to a sole application if necessary. You can’t change a sole application into a joint one later in the process (see Conditional Order below).

2. Initial Application

• • Sole Application: One person (the Applicant) begins the process, submitting an application online via GOV.UK or through a solicitor.
  • Joint Application: Applicant 1 starts the application, and Applicant 2 adds their information.
  • The court fee in a sole application is paid by that applicant, in a joint application the parties can agree how that cost is to be split, but with that fee being paid to the court by one applicant.

3. Acknowledgment of Service (AOS)

• • For sole applications, the court sends the other party  (the Respondent) the dissolution application and an AOS form, which they must complete and return within 14 days.
  • For joint applications, there is no AOS stage.

4. Mandatory 20-Week Reflection Period

• • After the application is issued, a minimum 20-week reflection period begins. This time is designed to allow both parties to consider their options, plan for their separate futures, and resolve practical matters like finances.

5. Apply for a Conditional Order

• • After the 20 week period has lapsed, the Applicant(s) can apply for a Conditional Order, the court reviews the application for the Conditional Order and, if satisfied that there is no reason for a dissolution, issues a Certificate of Entitlement which sets a date for the pronouncement of Conditional Order.
  • When the Conditional Order is pronounced this confirms that the court does not see any reason  why you cannot end the civil partnership.
  • It is at the point of Conditional Order application stage, that if the application was previously joint can now be turned to a sole application, where the Conditional Order application would be made solely by one applicant.  Upon the courts confirmation of entitlement to an order, the other applicant becomes the respondent for the remainder of the proceedings.

6. Six-Week Waiting Period

• • After the Conditional Order is granted, there is a mandatory six-week wait before applying for the Final Order. This is an important time to address any financial settlements or child arrangements to avoid delays later.

7. Final Order

• • Once the six-week period has passed, the Applicant (or either party in a joint application) can apply for the Final Order. This officially ends the civil partnership.

What About Finances and Children?

While the dissolution process ends the civil partnership, it doesn’t automatically resolve financial matters or arrangements for children. These issues must be dealt with separately but are equally important.

Financial Settlements

A financial settlement involves:

• Dividing capital assets, such as property, investments, and pensions.
• Allocating liabilities, like debts or loans.
• Deciding whether maintenance payments are needed.

It’s vital to make any agreement legally binding by having it approved by the court in a Consent Order. This cannot be  submitted until after the Conditional Order stage and includes a financial summary (Form D81) to help the court assess whether the agreement is fair.

If you and your partner cannot reach an agreement on the separation of finances, you may need to apply to the Court for a Financial Remedy Order, where the court adjudicates how assets and liabilities will be divided.

Ending a civil partnership is a significant life change, and the right guidance can make all the difference. At The Family Law Company, we’re here to ensure you understand every step of the process and feel supported throughout.

Whether you need help with the dissolution process, financial settlements, or arrangements for children, our expert team is on hand to provide compassionate and practical advice tailored to your needs.

If you’re ready to begin the process or simply want to explore your options, contact us today for an initial consultation. Let us help you move forward with clarity and confidence.

Need some advice? Get in touch today