The Civil Partnership Act 2004 came into force on 5 December 2005. It provides legal recognition for same sex couples who wish to formalise their relationships in a very similar way to a marriage. Same sex couples are not allowed to marry and the Civil Partnership Act provided parallel legislation enabling formal recognition of same sex relationships.

If your relationship has broken down and you are certain that it is a permanent breakdown, you can seek dissolution from the Court. This is very similar to the divorce procedure for heterosexual couples.

The only ground for dissolution is the irretrievable breakdown of the civil partnership. This is illustrated by citing one of four facts – the behaviour of the other party; desertion for a period of 2 or more years; separation for 2 or more years with the other party’s consent; and a separation of 5 years or more. Unlike the divorce procedure it is not possible to cite adultery in a civil partnership dissolution petition.

The Court will consider a dissolution petition and if it is approved will grant a Conditional Order and then Final Order 6 weeks later upon application. The civil partnership will not be dissolved until the Final Order is made and you will not be able to enter into another civil partnership or to marry until then.

If there are children, the Court will require a document to accompany the petition which sets out the arrangements you have made for them.

Financial matters between civil partners can be dealt with by the Court upon application of either or both partners. The Court cannot make an order (even if it is by agreement) until the Conditional Order has been granted and it will not take effect until after the Final Order.

You can use mediation or collaborative law to help you come to an agreement about your financial arrangements which you can then ask the Court to approve in the form of a Consent Order. As in divorce proceedings, financial orders within civil partnership financial proceedings will be binding.

There are only a limited number of Courts in England and Wales that are able to conduct civil partnership dissolutions – these Courts are the Principal Registry of the Family Division in London, and the County Courts at Birmingham, Brighton, Bristol, Cardiff, Exeter, Leeds, Manchester and Newcastle.

Please contact the Ancillary Relief department on 020 7426 0400 for any further advice or assistance you may need in respect of your civil partnership.