Procedural overview for civil partnership
Procedural overview for civil partnership

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Procedural overview for civil partnership
  • Where to start proceedings
  • Terminology
  • Jurisdiction
  • Issue of proceedings
  • Service of proceedings
  • Consideration of arrangements for any children of the family
  • Undefended suits
  • Defended suits
  • Amendment of petition and supplemental petitions
  • more

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on jurisdiction in respect of proceedings for dissolution and separation orders in respect of civil partnerships.

This Practice Note is an overview of the procedure in relation to civil partnership proceedings for dissolution, nullity and separation orders under the Civil Partnership Act 2004 (CPA 2004). The procedural aspects of termination of a civil partnership are analogous with those of divorce, nullity and judicial separation in relation to marriage under the Matrimonial Causes Act 1973 (MCA 1973). Reference should therefore be made, where indicated, to the more detailed Practice Notes in relation to aspects of divorce, nullity and judicial separation procedure that apply equally to civil partnership; where the procedure is at variance with the procedure for a marriage, such differences are highlighted below.

Family proceedings are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The rules relating to proceedings to terminate a civil partnership are to be found in FPR 2010, SI 2010/2955, Pt 7 and the supplemental PD 7A.

When introduced by the CPA 2004, civil partnerships related only to two people