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Wednesday, 3 October 2023

Filing court papers to end your civil partnership

To legally end a civil partnership you must obtain a 'conditional order' from the court. Before the court grants you a conditional order you must apply for a 'dissolution petition'. Find out how to apply for a dissolution petition and what happens if your partner does not agree.

Applying to the court for a conditional order

You will have to show on the form the reasons why your partnership has broken down

If you want to end your civil partnership, you’ll need to get two documents from a court. The first is a ‘dissolution petition’ and the second is a 'conditional order'.

You can download a copy of the dissolution petition (form D8) by following the link below.

You’ll need to fill in the form, which must include:

  • your full name and address
  • your civil partner’s full name and address
  • the names and dates of birth of any children you have (no matter how old they are)

You’ll also need to include your civil partnership certificate. You can’t use a photocopy for this – it must be the original document or a copy from the register office.

You will have to show on the form the reasons why your partnership has broken down. These are known as ‘grounds’. You can read more about these by following the link below.

If you have children - forms you need to fill in

If you have children, you’ll also need to fill in a form D8A – called a ‘statement of arrangements for children’.

You must fill in this form with:

  • your children’s names, addresses, dates of birth, health, education and training needs
  • childcare arrangements and whether they will change if you end the partnership
  • details of maintenance arrangements you have made or intend to make
  • details of contact (or ‘access’) arrangements with your children you have made or intend to make
  • any existing arrangements about the children with social services, probation officers or court orders

Paying court fees

You’ll need to pay a fee to apply for a conditional order.

The fee is currently £340. But if you’re on specific benefits or have a low income, you may be able to get a discount.

Sending your form to the court

You’ll need to fill in three copies of the dissolution petition (form D8). If you’ve got children, you’ll also have to fill in three copies of the form D8A.

You must send the forms to a court that deals with ending civil partnerships. There are 10 specific courts that can deal with ending a civil partnership. You can find your nearest court using the link below.

What happens when the court gets your forms

When the court gets your dissolution petition, it will send a copy to your partner

When the court gets your dissolution petition, it will send a copy to your partner. They will also get an ‘acknowledgement of service’ form – form D510(6). They have eight days to fill it in and return it.

The court will also send you a ‘notice of issue of petition’ (form D9H) telling you when the forms were sent to your partner.

Your partner can agree the dissolution or they can argue against (‘contest’) it. They will show this when they fill in their form D510(6).

In most cases, it isn’t contested and the process moves to the next step – getting a conditional order.

If your partner wants to contest the dissolution

If your partner wants to contest the dissolution, you should get professional advice if you haven’t already.

Contesting a dissolution can be very difficult. It can:

  • take a lot of time
  • be very upsetting
  • lead to large legal bills

It’s always better to avoid contesting a dissolution if it’s possible.

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