How do I end a civil partnership?
You can end your civil partnership by applying for what is known as a dissolution order. There are several conditions you must meet before you can apply, including:
- You have been in your civil partnership for at least a year
- The UK is the permanent home of you or your civil partner
- You have your original civil partnership certificate, or a certified copy
You can apply for a dissolution order online on GOV.UK.
Reasons to end a civil partnership
You will need to show that your civil partnership has broken down beyond repair before you can legally end it. On your dissolution application, you will need to give a reason why your relationship is over. There are four situations where you can legally claim that your relationship has irretrievably broken down:
- Your partner has behaved unreasonably
- You have been separated for two years and you both want to end the civil partnership
- You have been separated for five years and one of you wants to dissolve the partnership
- Your partner deserted you two years ago
Unreasonable behaviour
To use unreasonable behaviour as a reason for ending your civil partnership, you must show that your civil partner’s behaviour goes beyond what anyone can reasonably be expected to put up with and has made living together impossible. This could range from criminal behaviour to actions that make you feel uncomfortable living together, such as:
- Your partner is rarely home
- Your partner excludes you from social events
- Your partner is irresponsible with money
- Your partner is emotionally distant
Bear in mind that you will need to give a specific example on your dissolution application explaining why you think their behaviour is unreasonable. Your partner will need to agree with your reason, so it is usually best to rely on something they would accept is true.
You are separated
If you and your partner have lived apart for two years, you can apply to dissolve your civil partnership, provided you both give your consent. You do not need your partner’s consent if you have lived apart for more than five years.
Living apart does not necessarily mean living in separate households. You can still be treated as living apart as long as you are no longer living together as a couple. For example, you do not share meals, sleep together, or share finances.
There is also a six-month period where you and your partner can get back together without affecting your claim to have been separated for at least two years. So you may still be able to rely on two years’ separation if you briefly reconciled for up to six months before separating again.
Desertion
If your partner left you without your consent more than two years ago, you may be able to claim desertion on your dissolution application. As with separation, there is a six-month period where you can get back together without it counting against the two years needed to claim desertion.
So if your partner left, returned for up to six months, and then left again, you can still count it as desertion. However, because you must prove that your partner left without your consent, it may be easier in practice to rely on unreasonable behaviour instead.
Is adultery grounds for ending a civil partnership?
Adultery cannot be cited as grounds to end a civil partnership. Under UK law, adultery involves sexual intercourse with someone of the opposite sex. However, sexual unfaithfulness with someone of the same sex would usually meet the criteria for unreasonable behaviour.