Civil Partnerships – how to dissolve them...
Jo Spain, family law solicitor
The ending of a Civil Partnership can be dealt with in a similar way to the ending of a Marriage.
A Civil Partnership can be ended either by dissolution or by annulment. To dissolve a Civil Partnership it will need to have been registered for more than one year and there is only one ground for dissolution which is the irretrievable breakdown of the Civil Partnership. This ground can be proved by relying on one of four facts which are:-
- Unreasonable behaviour
- 2 years separation (by consent)
- 5 years separation (without consent)
- One partner having deserted the other for more than 2 years.
In contrast to divorce proceedings it is not possible to proceed on the basis of adultery. This is because the legal definition of adultery involves having a relationship with someone of the opposite sex. However, if one party does form a relationship with another person then this could be used as an element of unreasonable behaviour.
To proceed with an annulment there is a distinction between a void and a voidable Partnership.
A void partnership is one which has not been properly registered. A voidable partnership will be annulled on similar grounds to a marriage, such as non-consummation.
