If you have been
together in your civil partnership and have the grounds to issue proceedings,
papers will be drafted and lodged on your behalf with the matrimonial
office. Once the proceedings are served
on the Respondent, they have an opportunity to defend the Petition by way of
lodging an Answer and Cross Petition, should they so wish.
Once the matter
is ready for hearing, it is listed before the relevant Court.
If the Court is
satisfied that the marriage has irretrievably broken down, a Conditional Order
will be granted, six weeks and one day after which the Petitioner may apply to
the Court for the Conditional Order to be made Final.
If the Petitioner
fails to apply for the Conditional Order to be made Final, then the Respondent
may make the application themselves once three months have passed, with the permission
of the Court.
It is only once
the Conditional Order is made Final that the Civil Partnership is formally
dissolved, and either or both parties are free to enter into another Civil
Partnership, or to remarry.
Either party may
make an application to the court in respect of the finances of the Civil
Partnership, on which basis the Court can adjudicate in respect of maintenance,
property and financial considerations. This can be done at any stage during the
proceedings; however it is advisable to make the Application prior
to the Final Order having been granted.
