We regularly provide assistance to the LGBT community and can advise with regards to pre-nuptial agreements (both in respect of Civil Partnerships and gay marriage); inheritance and estate planning and Civil Partnership dissolution (divorce).
There is only one ground for Civil Partnership Dissolution (a same-sex partnership); that is that the partnership has irretrievably broken down.
The court will not find that the partnership has irretrievably broken down unless the Applicant satisfies the court of one of the four facts set out in section 44(5) of the Civil Partnership Act 2004:-
- That the Respondent has behaved in such a way that the Applicant cannot reasonably be expected to live with the Respondent;
- That the Respondent has deserted the Applicant for at least two years immediately preceding the presentation of the petition;
- That the parties to the partnership have lived separate and apart from each other for a continuous period of two years immediately preceding the presentation of the petition and the Respondent consents to the decree being granted; or
- The parties to the partnership have lived separate and apart from each other for a continuous period of five years immediately preceding presentation of the petition.
A Paper Procedure
The dissolution process can take three to four months, and usually there is no need for either party to the partnership to attend court, unless costs are in dispute.
However, the process can be prolonged if the Respondent fails to acknowledge the dissolution papers, or if there are unresolved financial issues.
If the Respondent fails to return the Acknowledgement of Service, the Petitioner will need to instruct a court Bailiff or Process Server to serve him/her with the divorce papers. This can cost around £150.
- Applicant files petition at court and pays court fee of £410.
- Court posts the petition to the Respondent.
- Respondent has 14 days to return the Acknowledgement of Service to the court confirming that he/she consents to dissolution.
- Once Acknowledgement of Service is received, the Applicant can file a statement in support and directions for trial to apply for Decree Nisi.
- Court fixes a date for pronouncement of Decree Nisi.
- At least six weeks after pronouncement of Decree Nisi, the Petitioner can apply for Decree Absolute upon payment of a court fee of £45.
Based in Altrincham, Cheshire we are easily accessible for clients who live in the surrounding area including Hale, Bowdon, Lymm, Knutsford, Alderley Edge, Wilmslow and Prestbury.
We also specialise in all other areas of family law. You can find more information about how we can help you here.
How We Can Help
A member of our specialist team will be happy to help.
To discuss Civil Partnership Dissolution issues, please either use the contact form on the right, email us at firstname.lastname@example.org or call us today on +44(0)161 941 4000 to speak to a member of our team.