Civil Partnerships
Civil Partnership Dissolution Solicitors
Our civil partnership solicitors have significant experience advising couples on pre-partnership agreements, which set out financial and property arrangements in the event of a dissolution or the partnership ending.
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
“Osbornes handle a significant amount of complex, high-value divorce work.”
“Osbornes do some really complex work. The team are very solutions-focused, know the law and know when to take a firm line.”
What is a Civil Partnership?
A civil partnership, introduced in the Civil Partnership Act 2004, offers couples, regardless of sex, legal recognition akin to marriage. Originally created to provide same-sex couples with similar legal protections to marriage, the law was extended in 2019 to include opposite-sex couples in England and Wales.
Entering into a civil partnership gives both partners a wide range of legal rights, similar to those available to married couples. These include:
- Property rights, such as joint ownership and protection during separation
- Pension entitlements, including spousal benefits from occupational or private pension schemes
- Tax benefits, including inheritance tax exemptions and income tax allowances
- Next-of-kin status, which affects medical decisions
- Parental responsibility, especially important in relation to children arrangements, adoption, and family planning
Civil partners also benefit from the same legal processes as married couples when it comes to ending the relationship. This includes a formal dissolution process through the courts.
If you’re considering entering into a civil partnership or need advice on your rights, our experienced family law solicitors can guide you through every step.
How do you form a Civil Partnership?
Forming a civil partnership is a legal process that grants your relationship formal recognition under UK law. To be eligible, both partners must:
- Be over 16 and not already married or in a civil partnership (with parental consent required if under 18 in England and Wales)
- Not be already married or in an existing civil partnership
- Not be closely related to each other
To begin the process, you must give formal notice of your intention to register a civil partnership at your local register office. This involves attending an appointment in person and providing details such as your name, age, address, nationality, and marital status. You’ll also need to bring valid identification and proof of address.
After giving notice, there is a 15-day waiting period before the civil partnership can be registered. This allows time for any legal objections to be raised. Once the waiting period has passed, you can sign the civil partnership schedule in front of a registrar and two witnesses. Unlike a marriage, there is no legal requirement for a ceremony, though many couples choose to have one.
Ending a Civil Partnership: What does dissolution involve?
If your civil partnership breaks down and you decide to separate, you’ll need to apply for a dissolution order, the legal process that formally ends a civil partnership. This is the equivalent of divorce for married couples.
A dissolution must be granted by the family court and can be applied for by either partner. If children are involved, our Civil Partnership Dissolution Solicitors can help ensure that appropriate child arrangements and financial agreements are made in the best interests of the family.
Timeline for Dissolution of a Civil Partnership
Once the application is issued by the court:
- A minimum of 20 weeks must pass before either the sole applicant or both joint applicants can apply for a conditional order.
- Six weeks after the conditional order is granted, the final application can be made.
- Upon issue of the final order, the civil partnership is legally dissolved.
While it may be tempting to move quickly through the process, it’s often advisable to delay applying for the final order until all financial matters, including property, pensions, maintenance, and inheritance rights, have been properly addressed.
We strongly recommend speaking to a specialist Civil Partnership Dissolution Solicitor early in the process to ensure your financial position is protected. Our experienced solicitors can guide you through the entire procedure, helping you avoid costly mistakes and securing the best possible outcome.
Your rights during a relationship breakdown
A relationship breakdown can be emotionally and financially challenging. Understanding your legal rights, particularly when it comes to your home and financial arrangements, can help you make informed decisions and protect your position.
Matrimonial Home Rights in a Civil Partnership
If you are in a civil partnership and your home is owned solely by your partner, you may still have a legal right to remain in the property.
Under matrimonial home rights, civil partners (just like married couples) have the right to:
- Live in the family home, even if they are not named on the title or tenancy
- Prevent eviction without a court order
- Apply to register their rights with the Land Registry to protect their interest in the property
These rights can be particularly important when children are involved. If you’re concerned about your housing situation during a separation, speak to one of our lawyers as early as possible.
Case Insight: Lawrence v Gallagher (2012)
The Court of Appeal’s 2012 decision in Lawrence v Gallagher remains a landmark case in how financial settlements are approached following the dissolution of a civil partnership.
The couple, Peter Lawrence, a City analyst, and Don Gallagher, a stage actor, had been in a relationship for over a decade and registered their civil partnership shortly before separating. Despite the legal partnership lasting only seven months, the court considered the entire 11-year relationship when deciding how to divide the couple’s £4 million in assets.
At the heart of the dispute was a London property purchased by Mr Lawrence before the relationship, which had significantly increased in value. The court ruled that it should be treated as part of the matrimonial assets due to its use as the couple’s shared home. Mr Gallagher was ultimately awarded £1.7 million, recognising not just financial contributions, but his domestic role in maintaining the home.
This case confirmed that civil partnership dissolutions follow the same financial principles as divorce, and that courts will look at the broader context of the relationship, especially in long-term partnerships. Pre-owned assets may be subject to division if they have been shared and used by both partners, and non-financial contributions such as homemaking carry significant weight in settlement decisions.
Pre- and Post-Partnership Agreements
Pre-partnership agreements (similar to prenuptial agreements) allow couples to set out how finances, property, and assets will be handled if the relationship breaks down. These agreements can help avoid disputes and provide peace of mind—especially where one or both partners have significant assets or children from a previous relationship.
Post-partnership agreements (similar to postnuptial agreements) are made after the civil partnership has been formalised. While not currently legally binding in England and Wales, the courts may take them into account, particularly where:
- Both partners entered the agreement freely and willingly
- There was full financial disclosure by both sides
- Each partner received independent legal advice
If properly drafted, these agreements can carry significant weight and provide a clear framework for financial arrangements in the event of a dissolution.
Why Choose Osbornes Law?
We understand ending a civil partnership can be emotionally taxing. You’ll be supported with compassion, and practical advice tailored to your needs, whether that’s settling finances, securing child arrangements, or protecting your home.
Our team is recognised by Chambers UK and Legal 500 for leading family law, including civil partnerships and complex financial disputes . With years of experience, we support clients through contested dissolution, high-value financial remedies, and non-court dispute resolution.
Get expert advice & support today
Whether you’re considering entering into a civil partnership, planning ahead with agreements, navigating a dissolution, or dealing with property and financial matters, we’re here to help.
- Call us at 020 7485 8811, or
- Complete an enquiry form
FAQs
Is a civil partnership the same as marriage?
Not exactly. While civil partnerships and marriages offer many of the same legal rights and protections, such as those related to property, inheritance, pensions, next-of-kin status, and parental responsibility, they remain two distinct legal institutions.
One key difference is in terminology and formation. Civil partners sign a civil partnership document, whereas married couples exchange vows. There are also minor differences in how partnerships and marriages are legally dissolved, though both now follow a no-fault process in England and Wales.
How long do I have to wait before I can apply for dissolution?
You must wait at least one year from the date your civil partnership was legally registered before you can apply for a dissolution. This applies throughout England and Wales, regardless of the reasons for the relationship breakdown.
This waiting period mirrors the rules for divorce. However, once the year has passed, you can apply under the no-fault dissolution rules, meaning you do not need to assign blame or prove wrongdoing, only that the partnership has irretrievably broken down.
What happens to shared assets and pensions?
When a civil partnership ends, the court has wide-ranging powers to fairly divide financial assets, just as it does in a divorce. This includes:
Property: The court can order the sale or transfer of jointly owned or solely owned properties. Savings and Investments: Assets held in joint or individual names may be subject to redistribution. Pensions: The court can issue pension sharing or attachment orders to ensure a fair division of retirement savings. Maintenance: Spousal maintenance may be awarded in certain cases, depending on income needs and financial disparity.Each case is assessed individually, with the aim of achieving a fair outcome based on the length of the partnership, the couple’s financial needs, and the welfare of any children involved.
Can I remain in the family home if the property is in my partner’s name?
Yes, you may have the right to remain in the home, even if you’re not the legal owner. If your civil partner owns the property in their sole name, you can apply to register your matrimonial home rights with the Land Registry. This legal protection:
Prevents your partner from selling or mortgaging the home without your knowledge. Allows you to remain in the property unless a court decides otherwise.This is especially important in cases where children are involved or where one partner is financially dependent on the other.
Do the same rules apply to ending civil partnerships and marriages?
A case at the Court of Appeal over the splitting of a gay couple’s £4 million assets has made headlines due to the couple’s financial situation.
Peter Lawrence, a city analyst and Don Gallagher a stage actor, made the decision to dissolve their civil partnership after seven months, although the couple had been together for eleven years prior to entering the civil partnership. The court awarded Mr Gallagher £1.7 million on the dissolution of the partnership, most of which would come from the value of the central London flat they once shared.
Same rules should apply to civil partnerships and marriagesMr Lawrence who earns approximately £400,000 per year and who was by far the higher earner has appealed claiming the flat should not be included in the settlement. Counsel for Mr Lawrence argued that he bought the London flat just before the couple met and should not be treated as a shared asset. The flat which was bought for £650,000 is now worth £2.4 million. The barrister for Mr Lawrence told the court: “This was, of course, a civil partnership rather than a marriage and although the same principles apply, it is a simple truth that in a homosexual relationship it is more likely that the couple will not have children, and that they will therefore each continue to pursue their careers throughout the partnership, as they did before”.
Counsel for Mr Gallagher responded claiming that while he had joined the relationship with no more than £40,000 of his own assets he had performed a “major domestic and home-making role” in the relationship. It was argued that Mr Gallagher had “helped to create and maintain a lovely home in the flat in various ways including improvement of layout, fixtures and redecoration.
Without including the flat in the assets to be split, Mr Gallagher would be entitled to around £620,000. A decision by the Court of Appeal is expected later this year. This case is of interest as it will set a precedent in the settling of financial issues when dissolving civil partnerships.
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Accreditations
Our Family Lawyers View the whole team
Claire Andrews
Partner
Family LawMelissa Arnold
Partner
Family LawMark Freedman
Partner
Family LawJonathan Jonas
Partner
Family LawMaria Kitsiou
Partner
Family LawLisa Pepper
Partner
Family LawYael Selig
Partner
Family LawAndrew Watson
Partner
Family LawJoanne Wescott
Managing Partner
Family LawNaomi Angell
Consultant
Family LawDiana Bastow
Senior Associate
Family LawJohn Burrell
Consultant
Family LawEmily Charlesworth
Solicitor
Family LawLauren Gaines
Senior Associate
Family LawSara Gatt-Floridia
Paralegal
Family LawEmily Gilbertson
Paralegal
Family LawAlicja Glabicka
Paralegal
Family LawHannah Goldstein
Solicitor
Family LawIsabelle James
Solicitor
Family LawRobert Jenkin
Paralegal
Family LawChloe Khor
Trainee Solicitor
Family LawDavid Leadercramer
Consultant
Family LawEmma Lees
Solicitor
Family LawMaeve Lucey
Associate
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