Ending a civil partnership

Here, we provide information on the legal background of civil partnerships and the process involved in ending a civil partnership.

When the Civil Partnership Act 2004 came into force on 5 December 2005, same-sex couples aged 16 and over could obtain legal recognition of their relationship for the first time. Since 31 December 2019, civil partnerships have also been available to opposite-sex couples. Civil partnerships enable unmarried couples to enjoy the same tax, inheritance, and pension rights and entitlements as married couples.

Subsequently, the Marriage (Same-Sex Couples) Act 2013 went further, permitting same-sex couples to marry, with the first marriages taking place on 29th March 2014. Understandably, the introduction of same-sex marriage caused the number of civil partnerships to plummet, which then recovered slightly following the law change for opposite-sex couples in 2019.

Relationship breakdown

It’s a sad fact, but many relationships ultimately end. Official figures from the Office for National Statistics (ONS) show that 41% of opposite-sex marriages end in divorce. It is likely that a similar rate applies to same-sex marriages and civil partnerships over time.

The ONS figures also indicate that the average length of marriage for opposite-sex couples is just under 12 years. The average age at divorce is approximately 44 for women and 46 for men.

Ending a civil partnership

Necessarily, the introduction of civil partnerships came hand in hand with the mechanism for formally ending a civil partnership.

Since the introduction of no-fault divorce on 6 April 2022, the process for ending a civil partnership – called a dissolution – is essentially the same as for marriage. One or both partners must apply to the court stating that the relationship has broken down irretrievably. It’s not possible to contest a civil partnership dissolution unless there is an argument based on the court’s jurisdiction. And as with divorce, couples must wait at least a year following the civil partnership ceremony before dissolution.

Finances

Just like divorce, the final order dissolving a civil partnership does not settle financial matters. Instead, a separate financial application to the court is necessary. If both parties agree on how to divide their finances, either one or both can apply to the court for a financial order. However, we strongly advise seeking independent legal advice beforehand.

Where the parties cannot reach an agreement, the court must decide the terms of a contested financial order after hearing evidence.

In most cases, we recommend resolving financial matters alongside the dissolution of your civil partnership. Depending on your situation, we might suggest postponing the dissolution application until financial issues are resolved.

Discover more about Pre- and Post-Civil Partnership Agreements.

Family mediation

When a relationship breaks down, emotions can run high. Yet there are inevitably important decisions to be made regarding the future. Talking face-to-face may be the quickest and most inexpensive way to resolve any issues. However, it’s understandable that many find this a very daunting prospect. That is where family mediation can help. Discover more about our Family Mediation Service.

Annulment

If your civil partnership is not legally valid, you can ask the court to annul it, like a marriage. However, unlike marriage, non-consummation is not grounds for annulling a civil partnership.

Bigamy

Unlike marriage, there is no corresponding offence of bigamy for civil partnerships. However, you cannot register as a civil partner if you are already married or already in a civil partnership, and it’s an offence to provide false information.