Civil Partnership Breakdown - UK Legal Help and Advice - What happens if a civil Partnership Breaks down?

If a Civil Partnership Breaks down
Statistics currently say that one in two relationships break down. These relationships cover the whole spectrum of sexual orientation. We can therefore expect that a fair proportion of people who register
as civil partners will seek to dissolve their civil partnership at some time in future. Although not a ‘romantic’ view, it is worthwhile considering the likely consequences of such dissolution. Although civil partnership is not ‘gay marriage’, it nonetheless confers rights and responsibilities “akin to marriage”. There is nothing in the legislation which states that way in which the law relating to civil partners is applied will be the same as the way in which the law relating to married couples is applied. However, it is envisaged that the courts will follow the existing law, adapting it to fit the circumstances of the same-sex couple’s relationship.

Dissolution Process
To formalise the separation and dissolve the civil partnership, the process is similar to divorce. Either of you can start the dissolution. The only ground for dissolution is that the civil partnership has broken down irretrievably. If you start the dissolution yourself, the only way to show that the civil partnership has irretrievably broken down is to prove one of four facts:

If people do not want to wait for two years, they can only base the dissolution on “behaviour” even if they both agree to the dissolution. “Behaviour” does not need to be violence or other extreme behaviour. A combination of other behaviour can be sufficient. Often issues like working too much (or not working enough), showing too much (or too little) affection, combined with a number of other similar factors are used. Although there is no corresponding fact to “adultery” in divorce, a relationship or sex with another person could form the basis of an application based on behaviour. Any behaviour you want to rely on has to have happened in the six months before you separated or since you separated.

Court Procedure
In addition to the application for dissolution, the “petition”, there are other documents you or your solicitor need to prepare, including a statement about the arrangements of any children. None of these are of great significance for the dissolution itself though. You can only start a civil partnership dissolution in a limited number of courts, namely in the Principal Registry of the Family Division in London and the county courts in Birmingham, Brighton, Bristol, Cardiff, Chester, Exeter, Leeds, Manchester and Newcastle.
The dissolution is a two-stage process. The court will first grant a conditional order, and later make that order final. The court process starts when the court gets the dissolution petition, the civil partnership certificate and other documents and the fees. It will then allocate a number to the case, open a file and send the papers to your civil partner, unless your solicitor asked the court to return the papers to send them to your civil partner or their solicitor direct.

Sending the Papers to the Other Civil Partner
When your civil partner receives the dissolution papers, they have to fill in a form confirming that they have received the papers and whether or not they agree with the dissolution and return it to the court. The court will send a copy to you or your solicitor. If your civil partner does not return the form, it may eventually be necessary to arrange for another set of the documents to be served personally unless you can prove in some other way that they have received the petition and accompanying documents from the court. This may for example be done by a process server (usually a private detective) giving it to them personally.

Conditional Dissolution Order
If your civil partner agrees to the dissolution going ahead, you can then swear a statement confirming that everything in the dissolution petition is true, whether anything in the meantime has changed and so on. With that statement, you can apply for the conditional order. There is no fee at that stage The district judge will then look at your dissolution papers and if the judge agrees that you are entitled to a dissolution, the court will set a date for the formal pronouncement of the conditional order, which may be a week to a month or so after the district judge has approved your dissolution. This is only the first dissolution order and you remain civil partners until the final order.

Final Order
You can apply for the final order six weeks after the date of the pronouncement of the conditional order. There is another fee of £40 for that application. The court should process that application within a week or so, but it often takes longer.
In all, the dissolution can take as little as four to six months from start to finish. However, it can take a lot longer if either or both of you delay in taking particular steps during the proceedings, or if there are problem with the court.

Finances
The court will not automatically look at any issues surrounding maintenance, pensions or capital division, even if these claims are made in the dissolution petition, which is customary. If you think that there is no way that you will be able to come to an agreement on finances, you may want to get the court involved at an early stage. There may be other reasons, such as the need for immediate maintenance or an order to freeze a bank account. You can start the financial court proceedings on the same day that you start your dissolution at court or you could wait and start them at any other time during your dissolution proceedings or even after the final order.
If you come to an agreement, the court can approve that agreement and make an order reflecting it. This will give both of you security that there is no come-back in case one of you changes your mind. The court does not automatically rubber-stamp any agreement, but in most cases the judges approve the agreement reached. The earliest the courts can approve an agreement is after the conditional order has been made. Therefore, if you want the security of a court order, you may want to consider starting a dissolution earlier rather than wait for two or five years’ separation.
A solicitor can draft the order for you and explain to you what other papers need to be send to the court. There are no set forms for the order, although solicitors have standard precedents for most parts of the agreement.
If it comes to court proceedings, the way the English courts deal with finances on the dissolution of a civil partnership is very similar to how they deal with finances on divorce. See ancillary relief.

Children of Civil Partners
The effect of registering as civil partners will put a civil partner who is not a biological parent in the same position as a step-parent. On termination, where only one partner, the biological parent, has what is known as ‘parental responsibility’ (enabling him or her to make major decisions regarding the child’s upbringing) the other civil partner can acquire parental responsibility in a number of ways i.e.

In addition to the above the non-biological parent can also apply to the court for parental responsibility ‘without leave’ where he or she has previously been obliged to apply to the court for an order that the child resides (lives) or has contact with him or her. As a consequence of these provisions, future arrangements for any child will be an important issue to be considered by registered civil partners. Developing a good relationship between parents and co-parents after separation will remain an important goal and couples will be encouraged to work towards this. Mediation will be encouraged and this may become an increasingly important route to resolving disputes concerning children for civil partners in particular.