Ending a civil partnership

A civil partnership can only be ended by death, dissolution or annulment.

Dissolution

Dissolution is a court-based process and as with marriage you are advised to talk to a solicitor. You cannot dissolve your civil partnership less than a year after it is formed.

The grounds for dissolving a civil partnership are:

• Unreasonable behaviour
• 2 years separation (with consent of the other partner)
• 5 years separation (without consent of the other partner)
• One partner has deserted the other for 2 years

Annulment

Annulment only applies in specific situations, for example where one of the couple did not validly consent to the civil partnership.

The courts will have the power to make provision for the division of property upon separation, the maintenance of either civil partner and residence, contact with and maintenance of any children of the civil partnership.

Death

When one civil partner dies:

• Inheriting property - a bereaved civil partner will be treated in the same way as a widow or widower in relation to inheriting their deceased civil partner’s estate, in particular if he or she died without making a will.
• Inheriting a tenancy - a person will be entitled to inherit their civil partner’s tenancy upon their death, in the same way that a widow or widower can.
• Life assurance - civil partners will have the right to obtain assurance on their civil partner’s life on a basis equivalent to married people.
• Fatal accidents compensation - if a person dies in an accident caused by someone else’s negligence, then that person’s civil partner, or someone who has been living with the deceased as a civil partner for at least 2 years, will be entitled to claim compensation for financial loss, they will also be entitled to claim bereavement damages.
• Criminal injuries compensation scheme - civil partners will be entitled to a fatal injury award on the same basis as married people