Civil Partnership and Divorce: What’s the difference?
In the UK, terminating a civil partnership and obtaining a divorce are very similar legal processes, but there are several important differences between the two. Both procedures legally end a recognised relationship, yet they apply to different types of unions and involve slightly different legal terminology and grounds.
A divorce is used to legally end a marriage, while a dissolution order is used to end a civil partnership. Civil partnerships were introduced in the UK through the Civil Partnership Act 2004, originally for same-sex couples, although opposite-sex couples can now also enter into them. Married couples, on the other hand, end their relationship through divorce under matrimonial law.
The legal process for both divorce and dissolution has become more alike since the introduction of “no-fault” divorce in England and Wales in 2022. Previously, divorcing couples often had to prove fault, such as adultery or unreasonable behaviour. Now, couples only need to state that the relationship has irretrievably broken down. Civil partnership dissolutions also follow this principle. However, one key difference remains: adultery cannot legally be used as a reason for dissolving a civil partnership because the legal definition of adultery only applies to sexual relations between a married man and woman. Instead, inappropriate relationships in a civil partnership may be considered under unreasonable behaviour.
Terminology is one of the major differences between a civil partnership and divorce
Another difference lies in the terminology used during the legal proceedings. In divorce cases, the court issues a conditional order followed by a final order, replacing the older terms “decree nisi” and “decree absolute.” Civil partnership dissolutions use the same stages but refer specifically to the ending of the partnership rather than a marriage.
Financial matters and arrangements for children are handled similarly in both cases. Courts can decide issues involving property, maintenance, pensions, and child arrangements regardless of whether the couple were married or in a civil partnership. The rights and responsibilities are therefore largely equivalent.
Overall, while divorce and civil partnership dissolution are now procedurally very similar in the UK, they remain distinct legal processes because they apply to different forms of recognised relationships and retain some differences in legal terminology and grounds.
Bryan & Armstrong can support you with all aspects of family law, from divorce, domestic abuse, legal aid, unmarried couple disputes, arrangements for children and starting a new relationship
