Entering a civil partnership is a significant legal step that grants couples many of the same rights and responsibilities as marriage. However, not all relationships stand the test of time, and some couples may decide to separate. If you are in a civil partnership and considering ending the relationship, it's important to understand the legal process involved.
This blog sets out how to end a civil partnership in England and Wales, covering the legal options available and the steps involved in the dissolution process.
What is a Civil Partnership?
A civil partnership is a legally recognised relationship between two people, offering similar legal rights and responsibilities as marriage. Introduced under the Civil Partnership Act 2004, civil partnerships were initially available only to same-sex couples, but this was later extended to opposite-sex couples in December 2019 following a change in the law.
While civil partnerships provide legal recognition and protections comparable to marriage, they are distinct in terminology and formation. For instance, civil partners do not exchange vows and instead sign a civil partnership document during a formal registration.
Some key features of civil partnerships include:
- Legal recognition of your relationship
- Rights regarding property ownership, pensions, inheritance, and tax
- Parental responsibility for children (in certain circumstances)
Just like a marriage, a civil partnership can break down. When this happens, the couple may need to take legal steps to bring the partnership to an end.
What are the legal ways to end a civil partnership?
There are three main legal ways to end a civil partnership in England and Wales:
- Dissolution
Dissolution is the most common and formal legal process to end a civil partnership. It is similar to divorce for married couples. You can apply for a dissolution order if the partnership has lasted at least one year. Since the introduction of no-fault divorce reforms in April 2022, couples no longer need to assign blame or provide reasons beyond stating that the relationship has irretrievably broken down.
- Annulment
An annulment declares that the civil partnership was not legally valid in the first place. This option is available in very specific circumstances, for example, if one party was underage at the time of registration, one partner was already married or in another civil partnership, or the relationship was never consummated due to incapacity.
- Legal Separation
Legal or judicial separation is an alternative if you do not want to end the partnership permanently, or if the partnership is less than a year old and therefore not eligible for dissolution. It allows couples to live apart with a formal court-approved agreement without legally ending the civil partnership.
What are the grounds for dissolving a civil partnership?
Under current law, there is only one legal ground for dissolving a civil partnership: that the relationship has irretrievably broken down.
As part of the no-fault reforms to divorce and dissolution introduced in April 2022, the requirement to prove specific fault-based reasons, such as unreasonable behaviour or separation for a set number of years, has been removed. Instead, either one or both parties can simply state that the relationship has irretrievably broken down, and this statement is taken as conclusive evidence.
What is the process of dissolution?
Ending a civil partnership involves three main stages:
Step 1 – Application
You can apply for a dissolution order either individually or as a joint application. The application is submitted to the court online or by post, and there is a standard court fee (currently £593, though this may change).
Step 2 – Conditional Order
Once the court accepts your application, it will issue a 20-week waiting period before you can apply for a conditional order (previously called a decree nisi). This period is intended to give both parties time to reflect and possibly reach financial or parenting agreements.
Step 3 – Final Order
Six weeks after the conditional order is granted, you can apply for the final order, which legally ends the civil partnership. Once issued, both parties are free to enter into another civil partnership or marriage if they choose.
How long does it take to end a civil partnership?
The minimum time to complete the dissolution process is approximately 26 weeks (6 months), due to the statutory waiting periods. However, it can take longer if there are complications such as disputes over finances, property, or child arrangements.
Delays can also occur if:
- One party does not respond to the application
- The court requests further information
- Additional orders (e.g., financial remedy proceedings) are required
How much does it cost to end a civil partnership?
Typical costs include:
- Court fee: £593 (subject to change)
- Solicitor's fees: These vary depending on the complexity of your case and whether you need help with financial or child-related matters
- Mediation costs: If you and your partner are seeking an amicable resolution
In some cases, you may be eligible for help with fees through the Help with Fees schemvie, or legal aid if domestic abuse or child protection issues are involved.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
