Civil partnership

Registered civil partners should be treated equally to spouses wherever possible and any differences from marriage must be objectively justifiable.  

A civil partnership is formed by two people of the same sex who have signed a civil partnership document in the presence of each other, a registrar and two witnesses.  The process is similar to marriage and requires notice to be given of a couple's intention to form a civil partnership.

A civil partnership can be dissolved in a similar procedure to a divorce.  It must be proved that the civil partnership has broken down irretrievably, and one of the following grounds relied upon:

• unreasonable behaviour - the civil partner has behaved in such a way that the applicant cannot reasonably be expected to live with them
• desertion - the civil partner must have been gone for a minimum of two years
• separation - the couple have been separated for 2 years and both parties agree to the dissolution
• separation - the couple have been separate for 5 years.

Q. Can someone who is married enter into a civil partnership?

A. No, to be eligible, neither party can be married, or already a civil partner to someone else.

Q. Can I make an application to the court to determine the financial settlement between my partner and I on dissolution?

A.  Yes, an application to the court can be made, and the court can make all the same orders that it can make in divorce proceedings.  The same factors must be considered, with the first consideration being given to any children of the partnership.  It is of course advisable to try and settle any financial dispute without going to court.

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