The number of individuals entering Civil Partnerships in England and Wales has significantly increased over the past decade, reflecting evolving attitudes towards formal relationship recognition. Recent statistics from the Office for National Statistics indicate sustained growth in Civil Partnership formations.
This trend underscores that Civil Partnership dissolution are now widely recognized not merely as an alternative to marriage, but as a distinct legal status conferring substantial rights and responsibilities.
The Civil Partnership Act 2004
Civil Partnerships were introduced by the Civil Partnership Act 2004. Under the Act, a Civil Partnership can only be legally ended through formal court proceedings. In England and Wales, this is achieved by obtaining a Dissolution Order from the family court.
Historically Recognised Grounds for Dissolution
Prior to the recent reform of family law, a person seeking to dissolve a Civil Partnership had to demonstrate that the partnership had “irretrievably broken down” by proving one or more specific facts, namely:
Unreasonable Behaviour – conduct by the respondent such that the applicant cannot reasonably be expected to live with them;
Desertion – the respondent deserted the applicant for a continuous period of at least two years;
Two-year Separation with Consent – both partners have lived apart continuously for two years and consent to the dissolution;
Five-year Separation without Consent – partners have lived apart continuously for five years (consent not required).
Notably, unlike divorce law, adultery was not available as a distinct ground for Civil Partnership dissolution due to its statutory definition, which refers to intercourse between opposite-sex adults not in a civil partnership or marriage.
The Divorce, Dissolution and Separation Act 2020 – Modernising the Law
The implementation of the Divorce, Dissolution and Separation Act 2020 brought profound reform to the law governing both divorce and Civil Partnership dissolution in England and Wales. The Act received Royal Assent in 2020 and most provisions came into effect in 2022.
No-Fault Dissolution
The most significant change is the abolition of the requirement to prove one of the previous “facts” to demonstrate irretrievable breakdown. Under the current regime:
- The only ground for dissolution is that the Civil Partnership has irretrievably broken down;
- Applicants simply provide a statement of irretrievable breakdown in their application to the court; no evidence beyond this statement is required.
- This represents a shift to a truly no-fault process, intended to reduce conflict and enable couples to end their civil partnership with minimal confrontation.
Joint Applications
For the first time, couples may make a joint application for dissolution, enhancing procedural fairness and reflecting mutual agreement about the end of the relationship.
Limited Grounds to Contest
Under the updated law, a respondent cannot dispute whether the civil partnership has broken down. The only grounds on which a dissolution may be contested are narrow and relate to jurisdiction, the validity of the partnership, procedural non-compliance, or fraud (for example, where the partnership was never validly formed).
Practical Considerations in the Civil Partnership Dissolution Process
Minimum Duration Requirement
An application for dissolution may not be filed until at least one year has passed since the registration of the Civil Partnership.
Reflection Periods
There are statutory waiting periods in the process. For example, the law now requires a minimum reflection period between the start of proceedings and when an applicant (sole or joint) may apply for a conditional order, a procedural safeguard designed to ensure considered decision-making.
Separate Financial and Children Matters
While the dissolution process formally ends the civil partnership, it does not automatically resolve financial or child arrangements issues. These matters must be addressed either through negotiation, alternative dispute resolution, or, if necessary, separate family court proceedings. Solicitors often advise clients on these aspects to protect their rights and interests.
Consequences of Not Dissolving Legally
Until a Final Dissolution Order is granted:
- The civil partnership remains legally binding;
- Financial rights and obligations between the partners continue;
- Neither party is free to marry or enter into another Civil Partnership.
Conclusion
The law governing Civil Partnership dissolution in England and Wales is now more streamlined, less adversarial, and focused on mutual recognition of relationship breakdown. By removing the requirement to establish fault and enabling joint applications, the legal framework promotes resolution that is both equitable and respectful of the autonomy of the parties involved.
Although legal representation is not mandatory, obtaining specialist family law advice or getting a Mckenzie Friend is strongly recommended, particularly in cases involving complex financial arrangements or children. Professional guidance can assist in structuring settlements and in navigating dispute resolution mechanisms that avoid unnecessary litigation. Contact us for a free consultation.
