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‘How do you get a divorce when you’re in a civil partnership?’ may be a question that we hear less frequently following the introduction of legislation allowing same-sex marriage having come into force just over four years ago but it’s still by no means uncommon. Plus, a recent landmark ruling allowed a heterosexual couple to join in a civil partnership and we expect that they’ll now become more popular amongst younger couples who find the institution of marriage to be a little dated. So, now seems like an appropriate time to outline how the divorce and dissolution process differ from one another.

The divorce petition (form d8)

Whilst it’s commonly known as a Divorce Petition, form d8’s technically known as the ‘Application for a divorce, dissolution or (judicial) separation’. This form can therefore be used to request that a court end a marriage or a civil partnership.

Indeed, the very first question of this standard form asks the Petitioner (the person applying) if they are requesting a divorce on the ground that their marriage has broken down irretrievably or to dissolve their civil partnership on the basis that this, too, has irretrievably broken down.

The remainder of this document should be completed in exactly the same way it would if a divorce were being sought. There is, however, one thing that should be noted about one of the five potential ‘facts’ that can be relied upon as proof of the fact that the marriage has broken down.

Adultery can be problematic

Due to the fact that civil partnerships were only available to same-sex couples for several years, applicants can encounter problems if they are relying on adultery. In order to for someone to have committed adultery, they must have had penetrative intercourse with a member of the opposite sex. As a result, if one party had a sexual relationship with someone of the same sex, this will not be viewed as adultery by the courts and the dissolution application will be unable to proceed. Sadly, the same problem exists today and will, we’re certain, continue to cause problems for same-sex couples unable to divorce on this basis until the law is updated appropriately.

Can Quickie Divorce help dissolve civil partnerships?

Yes, absolutely. With the process being all but identical to the standard divorce process, we can help as long as both parties agree.

To find out more about how we can help you simply click here and find out how to contact the UK’s leading divorce provider today.