Is dissolving my civil partnership the same process as obtaining a divorce?

The procedural aspects of terminating a civil partnership are the same as a couple obtaining a divorce, under the Civil Partnership Act 2004. 

The same ‘ground’ must be proved – that the civil partnership has broken down irretrievably. There is also the need to satisfy one of the statutory ‘facts’. For divorce proceedings, there are five different statutory facts available but for civil partnership dissolution there are only four.

This is because the ground of ‘adultery’ cannot be relied upon to dissolve a civil partnership – although you can allege your partner has been sexually unfaithful under the fact of unreasonable behaviour.

There are also differences in the legal terminology used between divorce and dissolution of a civil partnership.

Marriage

Civil partnership

decree nisi

conditional dissolution order

decree absolute

final dissolution order

judicial separation

separation order

 

It is hoped that when no fault divorce reform eventually takes effect, the same changes will be mirrored in the dissolution of civil partnerships.

If you would like any further information or advice in relation to civil partnership dissolution or divorce, please contact our specialist family lawyers: Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Rachel Baker on 01384 340 580 (rbaker@georgegreen.co.uk) at our Cradley Heath office.