FORM D84: Stage 1 of the dissolution process is to get a certificate from a court (called a conditional order).
This certificate states that the court sees no valid reason why you cannot get ‘legally’ separated.
You can go ahead and apply for a conditional order no matter whether your partner agrees or disagrees to end the civil partnership.
But, you will have to attend a hearing at the court if your partner does not agree to dissolving the partnership.
The purpose of the court hearing will be to discuss the merits of the case. It will then be up to a judge to decide whether to grant the conditional order – or not.
You need to wait at least nine (9) days. This is the period that your civil ex-partner would need to receive their copy of the dissolution application. They then have the opportunity to accept it or to contest it.
Note: There are two stages for getting a civil partnership dissolved. The conditional order is the first stage and getting a final order is the second.
Filling in the Application Form
The document titled ‘Form D84: Apply to court for a conditional order‘ is the correct form to use when making an application for a conditional order.
You will need to fill in section B of the form if your partner decides to defend the case. Filling in section B means you are requesting a ‘case management hearing’ in front of a judge.
Besides this, you will also need to fill in a statement form. The purpose is to confirm that what you said in your dissolution application is the truth.
ALSO IN THIS SECTION
File a Dissolution Application | Form needed for a dissolution order from court to end the partnership.
Applying for a Final Order | It is the first of the 2 stages for getting a civil partnership dissolved.
The form gives details of your civil partner’s unreasonable behaviour as part of supporting an application to end a civil partnership. Choose the statement form that covers the reasons you gave for ending the partnership:
- Form D80B: Statement in support of an application for dissolution or (judicial) separation on the ground of unreasonable behaviour.
- Form D80C: Statement in support of dissolution or (judicial) separation for reasons of desertion.
- Form D80D: Statement in support of an application for dissolution or (judicial) separation on the ground of two (2) years of separation.
- Form D80E: Statement in support of an application for dissolution or (judicial) separation on the ground of five (5) years of separation
- Agree to the dissolution of the partnership (if using the reason that you lived apart for at least two years).
- Agree with any arrangement proposed for taking care of any children.
You will need to show the court that your ex-partner has received the dissolution application and they:
The court will accept the response given by your ex-partner as an attachment to the dissolution application. You should send their response to the court but make sure you keep a copy for your own records.