Separation provisions for civil partnership
Separation provisions for civil partnership

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

  • Separation provisions for civil partnership
  • Separation orders
  • The facts
  • Requirements
  • Application for dissolution following separation order
  • Death of either civil partner following separation order

Separation orders

As with the option of proceedings for judicial separation for spouses, civil partners may choose, for a variety of reasons, not to apply for dissolution of the civil partnership but instead for a separation order. A separation order enables civil partners to remain in the civil partnership, but significantly they will be able to apply for financial provision. In addition, a separation order relieves civil partners from their respective obligations to live together as civil partners.

The facts

The facts for a separation order mirror those for a dissolution order. A separation petition may be issued by either party to the civil partnership relying on one or more of the four facts set out in section 44(5) of the Civil Partnership Act 2004 (CPA 2004). Adultery is not a fact entitling a civil partner to apply for a separation order, as is