When a marriage breaks down, couples are often left with the option of divorce or legal separation, with divorce being the more common route.
But what about if you’re in a civil partnership? In this case, the process is called a “dissolution”. This alone is enough to leave people confused about where they stand and what they need to do.
In reality, the two processes are far more similar than they are different. Both have also become significantly more straightforward since the law changed in 2022.
What Is a Civil Partnership Dissolution?
Civil partnerships were introduced in England and Wales by the Civil Partnerships Act 2004. It was created to give same-sex couples legal recognition equivalent to marriage.
Since 2019, opposite-sex couples can also enter civil partnerships.
It’s a legally recognised relationship with almost identical rights and responsibilities to marriage in regard to inheritance, pensions, next-of-kin rights, tax, and more.
A dissolution is simply the legal term used for ending a civil partnership. Like divorce, the civil partnership must have lasted at least one year before an application can be made. The process described here applies to England and Wales, as procedures differ in Scotland and Northern Ireland.
The only legal ground required is that the civil partnership has irretrievably broken down. Before 2022, there was a fault-based system where you had to cite behaviour, separation, desertion, etc. However, this has now been abolished for both dissolution and divorce under the Divorce, Dissolution and Separation Act 2020.
It is also worth noting that civil partnerships can be annulled in certain circumstances, but the legal grounds differ slightly from those that apply to marriage.
What Is Divorce?
Divorce is the legal process of ending a marriage. It has existed in English law for centuries but was dramatically reformed in 2022 with the introduction of no-fault divorce.
Once a divorce is finalised, it legally ends a marriage and allows both parties to remarry.
Under the previous system, applicants had to prove one of five “facts”: adultery, unreasonable behaviour, desertion, two years’ separation with consent, or five years’ separation without consent.
Today, the only requirement is a statement that the marriage has irretrievably broken down. The court does not require either spouse to prove fault or assign blame.
The new system also introduced joint divorce applications, allowing both spouses to apply together, which often reduces conflict.
A common misunderstanding is that divorce itself does not resolve financial matters or child arrangements. These issues are handled separately through additional legal processes.
Is Dissolution the same as Divorce?
Essentially, yes. Since the 2022 reforms, both divorce and dissolution share almost identical legal processes, grounds, timelines, and outcomes. Both use the same court system, the same online application portal, and the same two-stage process: a conditional order followed by a final order.
Financial remedy orders, child arrangements orders and consent orders all apply in the same way for both processes.
The main difference lies in the terminology. Divorce legally ends a marriage, while dissolution ends a civil partnership.
There are also a few technical legal distinctions. For example, adultery cannot be relied upon in dissolution. This is because the legal definition of adultery in English law historically applies specifically to sexual intercourse between a married person and someone of the opposite sex.
The grounds for annulment also differ slightly between marriage and civil partnerships. For example, non-consummation can be used as a reason to annul a marriage, but it is not recognised as a ground for annulling a civil partnership.
How to Apply for Divorce or Dissolution
The divorce process is virtually the same as dissolving a civil partnership.
Both require you to take the following steps:
- Application – Made online via HMCTS. This can be sole or joint. A court fee applies (currently £593, though fees can change). You’ll also need to provide an original or certified copy of your marriage/civil partnership certificate, as well as the details of both parties.
- Acknowledgement of service – For a sole application, the respondent is notified and must acknowledge receipt. If the one party cannot be located or refuses to engage, there are processes in place for deemed service or dispensing with service.
- Conditional order – This is where the court confirms there are no legal reasons why the divorce/dissolution cannot proceed.
- 20-week reflection period – There is a mandatory minimum period between the initial application and applying for the conditional order. This is designed to give couples time to reflect or make arrangements.
- Final order – This can be applied for at least six weeks after the conditional order is granted. Once issued, the marriage or civil partnership is legally ended.
We strongly recommend seeking the advice of a solicitor before you apply. While DIY applications are possible, errors in your paperwork (especially financial consent orders) can have long-term consequences.
How Are Financial Settlements Handled?
This is often one of the more complex aspects, as a Divorce/dissolution does not automatically divide assets.
Instead, a separate financial order is required. Where both parties reach an agreement, this is known as a consent order. If the matter is disputed, it may proceed through the courts as a financial remedy application.
Without a financial order approved by the court, either party could potentially make financial claims against the other in the future, even after the divorce or dissolution has been finalised.
When deciding a financial settlement for a divorce/civil partnership, the court will look at the following:
- Length of the relationship
- Age of both parties
- Standard of living during the relationship
- Each party’s financial resources (assets, income, earning capacity)
- Financial needs and obligations
- Contributions (financial and non-financial, e.g. being the primary carer)
- Any disability
- Children’s welfare (paramount consideration)
The court will also consider assets such as family home, savings, pensions, investments, business interests, and inheritances, among others.
If both parties agree, they can draw up a consent order, which a solicitor drafts, and must be approved by the court. It then becomes legally binding.
Where agreement cannot be reached, either party may apply to the court for a financial remedy order. This process typically involves negotiation, mediation, a Financial Dispute Resolution hearing, and potentially a final court hearing.
The court may also seek to achieve a clean break, which ends ongoing financial ties between the parties wherever possible. In some cases, however, spousal maintenance may be ordered, particularly where one party cannot reasonably meet their own financial needs.
What Happens If You Have Children?
Issues relating to children are dealt with separately from the divorce or dissolution itself. The court does not automatically make decisions about children during these proceedings.
Parents are encouraged to make arrangements themselves wherever possible.
If the court does become involved, the child’s welfare is the paramount consideration. Orders that may be made include:
- Child Arrangement Orders – determining where a child lives and how much time they spend with each parent.
- Parental responsibility – married parents automatically share parental responsibility. Unmarried fathers may need to take steps to acquire it, while civil partners who are not the biological parent may need a parental responsibility agreement or court order.
Most separating parents are encouraged to reach arrangements through discussion or mediation. If agreement cannot be reached, either parent may apply to the Family Court for a Child Arrangements Order.
Where there are concerns about domestic abuse or safeguarding, the court has the power to make protective orders and will carry out appropriate welfare checks.
Do You Need a Solicitor for Divorce or Dissolution?
Legally, you can handle your own divorce or dissolution. However, for your benefit, it’s recommended to seek legal advice from a solicitor.
If your situation involves complex financial matters or child arrangements, they can provide guidance on how best to proceed. They protect your long-term financial interests, not just the immediate paperwork.
As separation can be an emotionally charged affair, it helps to have someone there to provide objective, professional advice. There are also other avenues you can explore, such as mediation, collaborative law, and solicitor-negotiated settlements.
How Our Family Law Solicitors Can Help
Whether you are married or in a civil partnership, our experienced family law solicitors can offer practical, cost-effective solutions that allow both parties to move forward.
In the cases that do need to go to court, we provide thorough, effective representation while always behaving courteously toward the other party and their representatives.
Although we do not undertake publicly funded work, we understand that finances can be strained during separation. We are happy to discuss flexible funding options and provide details of our initial consultation charges.
If you’re not local to one of our offices, we’re happy to arrange virtual meetings so you can get the advice you need without leaving home or work. To arrange an initial discussion, please contact any of our offices or email enquiries@bgw-solicitors.co.uk.