There are several reasons why you (the petitioner), or your ex-partner (the respondent), must apply for the final order. It is a legal document, issued by a court, and the second stage of the process. It is proof that the civil partnership has ended.
Nonetheless, the period of time that you must wait to make a conditional order final – varies. It depends on who initiated the application.
What if the petitioner [you] applied for the conditional order? In this case, you will need to wait six (6) weeks after the date it was first pronounced. Applying for a final order can then take place any time after the six week period.
But, the waiting period changes if the respondent [your ex-partner] who applied for the conditional order. In this case, you would need to wait the first six (6) weeks and then a further three (3) months after the date of the conditional order.
Either one of the partners should make an application to make the conditional order final within 12 months.
The process becomes a little more complex if it takes place after 12 months. In this case, whoever submits the application would also need to write to the court and explain the delay.
Note: The court will want to know why neither of the partners applied earlier. They will also want know whether the couple lived together again and whether there are any more children involved in the case.
You can make an arrangement for dividing money and property ‘legally’ binding. But, this type of application must go to the court before applying for a final order.
There is only one way to end a civil partnership legally. You must use Form D36 to apply for the final order. Fill in the details and return the form to the same court that dealt with the conditional order.
After Making a Conditional Order Final
The court will check to determine whether there are any reasons why the civil partnership cannot end. This is why you must provide the court with all your details within the specified time limits.
Providing the court finds no reason not to, they will send a final order to the petitioner [you] and the respondent [your ex-partner].
ALSO IN THIS SECTION
Applying for a Conditional Order | It is the first of the 2 stages for getting a civil partnership dissolved.
If a Partner Lacks Mental Capacity | Ending a civil partnership if one of the partners cannot take part.
Note: Keep your final order safe once you get it from the courts. You would need it for proving your status if you enter into another civil partnership.
Notable Effects of Having a Final Order
Although a final order affects any Will that you have made, it does not cancel it. Likewise, it would be unlikely to stop either of the partners making a financial claim against the other at some point in the future.
You cannot make any such financial claim if you remarry before you applied for the final order. Always seek legal advice if you are unsure of the legal ramifications.