The process becomes a little more complex if an ex-partner lacks mental capacity. Find out how to apply if your partner is not using a litigation friend and how to contact the Official Solicitor.
You can still apply to dissolve your civil partnership even if your partner 'lacks mental capacity'.
In this case, they would not be able to participate in the process or agree to end the bond.
Even so, the process can move forward when the ex-partner has someone to make decisions on their behalf.
The United Kingdom legal system recognises the people who act for others as a 'litigation friend'.
As a rule, litigation friends are family members or close friends. But, they can also be other trusted persons who represent people who are unable to make their own decisions.
So, what would happen if no one suitable or willing wants to be a litigation friend? In cases such as this, you can apply to the court for them to appoint a litigation friend instead.
As a rule, the Official Solicitor will agree to act as litigation friend for your ex-partner. They often accept the role of 'litigation friend of last resort' when no one else is available to do it.
Note: You must wait to see if the Official Solicitor will agree to act as a litigation friend for your civil partner. If they accept, you will then be able to file an application to end the civil partnership.
How to Apply for a Final Order | Check which forms you need and how getting the order affects a Will.
Make Decisions on Behalf of Someone | Making future decisions (e.g. if they lose mental capacity).
The private family law team can provide further information if you have an enquiry. You can either send them an email or give them a call.
If Your Partner Lacks Mental Capacity When Ending a Civil Partnership