Divorce | Family Law | Updates

Civil Partnership Dissolution Vs Divorce

22 September 2022

Is Civil Partnership Dissolution the Same As Divorce?

A civil partnership dissolution and a divorce are two methods to legally terminate a relationship, but whether you’re in a marriage or civil partnership depends on which you apply for.

Divorce is for a couple who are married, and dissolution is for those in a civil partnership. Though these two types of relationships are very similar, the process for ending them, and in the eyes of the law, they are not the same.

What Is a Civil Partnership Dissolution?

An application for a civil partnership dissolution can be made for couples in a civil partnership if the relationship has been ‘irretrievably’ broken down, and the same goes when applying for a divorce. The relationship must also have been legally binding for more than one year.

What Are the Grounds to File For A Civil Partnership Dissolution?

Previously, when making an application for a divorce or a civil partnership dissolution, there was a requirement to give evidence as to the reasons for separation.

However, the new Divorce, Dissolution and Separation Act 2020 has been in effect since the 6th April 2022, which allows for the relationship break down to be ‘no-fault’ in England and Wales.

This has been introduced to remove the need to assign blame to one party, in order to get proceedings to start immediately. As before this act was introduced, couples would have to wait for 2 years of separation, when both parties agree to a divorce or civil partnership dissolution, or even 5 years if one partner is protesting the separation.

 What Else Has Changed for A Civil Partnership Dissolution or Divorce?

The new act has created the option for joint applications when filing for a divorce or civil partnership dissolution, whereas beforehand, it has only been allowed for one partner to file.

There is new terminology being used, allowing for couples to be referred to as ‘Applicant 1’ and ‘Applicant 2’, instead of ‘Applicant’ and ‘Respondent’, hoping to reduce conflict and make the process easier for both parties.

Additionally, there is a 20-week minimum period mandated to be between the start and end of proceedings. This allows couples to have the time to make plans for the future and work together or give a period of reflection to think over and ensure they want to continue with the application for divorce or civil partnership dissolution.

How Can EPO Solicitors Help with Your Divorce or Civil Partnership Dissolution?

These new laws mean that the proceedings for both civil partnership dissolutions and divorces have become more alike, as the same application form is used, but they are not the same. A dissolution is for civil partnerships, exclusively, and a divorce is for marriages.

At EPO Solicitors, we know how to help you through the breakdown of your relationship and make the process of legally terminating your marriage or civil partnership as easy as possible. Our legal experts can help you and your partner make your application, aid you in reaching an agreement, and help you take care of everything you might not have thought about when separating.

We’ll lighten your load and take the stress of the legal proceedings off your shoulders and move it to ours.

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If you’re looking for more information on civil partnership dissolution , please do not hesitate to contact us.