Dissolution

Are the grounds for dissolution the same as for divorce?

You cannot apply for dissolution of the partnership within the first year. It’s a sad fact, that inevitably, some relationships will go wrong and grounds for dissolution include unreasonable behaviour. However, the term ‘adultery’ isn’t classed as grounds for dissolution, as the word means extra-marital relations with a member of the opposite sex. A Civil Partnership ends on annulment, death or formal dissolution. If a couple does not wish to end their Civil Partnership, then it is possible to seek a Separation Order.

A formal dissolution must be applied for through the courts. The applicant must show the court that the Civil Partnership has irretrievably broken down. The basis on which a court will dissolve a Civil Partnership are: unreasonable behaviour in that you can’t reasonably be expected to live with your partner; two years separation and the civil partner consents; five years separation without consent of the civil partner; or the civil partner has deserted the applicant for at least two years. If a court is satisfied with the facts presented, it will dissolve the Civil Partnership.

Powers of the Court

When a Civil Partnership has been dissolved, you and your former civil partner may have to financially provide for each other, and any adopted children. If there is a dispute, then it may be necessary for the court to decide how property and income is to be divided, who is to care for the children, and who may stay in the family home. The court also has the power to order the transfer of ownership of property to one of the parties, irrespective of who the original owner was. It also has the power to change a tenancy agreement.