Procedural guidance: dissolution of a civil partnership

You can get a dissolution of a civil partnership in Jersey if all of the following are true:

1. you’ve been in a civil partnership for over three years
2. your relationship has permanently broken down
3. your civil partnership is legally recognised in Jersey

If you do not want a dissolution, you can get a judicial separation so you can live apart without ending the civil partnership. You might also be able to annul the civil partnership. You can apply for separation or annulment during your first year of civil partnership.

Arrangements for children, money and property

Within the dissolution process you and your civil partner can choose to work out:

• arrangements for looking after your children 
• child maintenance- payments for any children of the family

You can also make arrangements regarding your money and property

You can usually avoid going to court hearings if you agree about children, money and property

If you start dissolution proceedings, you will be the applicant, your civil partner will be the respondent. You must prove to the Court one or more of the following grounds:-

1. the respondent has since entering into the civil partnership behaved in such a way that the applicant cannot reasonably be expected to live with the respondent

2. the respondent is incurably of unsound mind and has been continuously under care and treatment for a period of at least 5 years immediately preceding the application

3. the parties to the civil partnership

   1. have lived apart for a continuous period of at least one year immediately preceding the application and the respondent consents to the dissolution of the partnership, or

   2. have lived apart for a continuous period of at least 2 years immediately preceding the application; or

4. the respondent has deserted the applicant without cause for a period of at least 2 years immediately preceding the application. 

To be able to bring dissolution proceedings in Jersey, you must be able to show that:-

1. You and your civil partner are both domiciled in Jersey on the date when the proceedings are begun; or

2. You or your civil partner was habitually resident in Jersey throughout the period of one year ending with the date when the proceedings are begun

To apply for a dissolution of a civil partnership you’ll need:

• yours and your civil partner’s full name and address

• your original civil partnership certificate or a certified copy (and a certified translation if it’s not in English)

• proof of your name change if you’ve changed it since you entered in a civil partnership - for example your civil partnership certificate or a deed poll

• See Draft cause application; and

The Family Court Proceedings Officer (“FCPO”) is the court administrator who deals with the paperwork. The FCPO will allocate a case reference number which is exclusive to your application. You must put this case reference number on all documents which you subsequently file with the court. 

The Court will send back the CP3 and CP4 (and CP5 if applicable) for you to serve on your civil partner (and the co-respondent if applicable). This means that you have to provide your civil partner with copies of the documents.

The cause application, CP3 and CP4 need to be served on the respondent (and on the co- respondent if applicable). CP5 is also served but not on the co-respondent.

You may serve the papers on the respondent (and co-respondent if applicable) by post. However, if the CP4 is not completed and returned to the Court by your civil partner, you may need to prove service.

If you do need proof of service check at the Post office how you may obtain proof that your documents have been received by your spouse.

If you do need proof of service the Viscount’s Department can serve documents and provide a statement of service. Telephone: +44 (0) 1534 441440 or email: viscount@courts.je to find out the fee and procedure.

If you do not know where your civil partner (or the co-respondent) live or work you may have to ask the Court for permission to serve the papers on someone who might know where he/she is or for the Court to order that you do not need to serve the documents.  Service must be proved, although in certain  circumstances it may be necessary to ask for substituted service or for the Court to order service is dispensed with.

The time limit for the return of the CP4 to the Court is detailed in the CP3. The time limits depend on where the documents were served and are as follows:

• Jersey 8 days

• UK, Guernsey and Northern Ireland 12 days

• Europe 15 days

• Rest of world 25 days

The date on which the documents are received is not counted. The final day needs to be up before you can apply for the Greffier’s Certificate.

For example, an application received on 10th (local - 8 day limit) time up is on 19th.

Procedure 

Your civil partner needs to complete the CP4. He/she needs to confirm receipt of the cause application, state the date when the documents were received and sign and date the form. If the CP4 (and CP5 if applicable) are completed and returned to the Court, copies will then be sent by the Court to you (or to your lawyer).

In the case of adultery, adultery must be admitted.

In the case of a 1 year consent to a dissolution, the respondent MUST CONSENT and the signature has to be witnessed by a person at the point indicated in the CP4. 

If your spouse answers in CP4 “No” to defending the dissolution, this is known as an undefended cause application. See below how to proceed (Applying for your decree nisi if the application is undefended). 

If your spouse answers in CP4 “Yes” to defending the dissolution you need to wait to see if you get sent an answer, setting out why the cause is defended. The answer must be provided within 14 days after the time limit for giving notice of intention to defend has expired. For example, 8 days + 14 days = 22 days. If you do receive an answer, you may need a lawyer to help you. This is known as a defended petition.

The court will send you a copy of the completed CP4.

• When the time limit set out in CP3 for the return of the CP4 has passed, you can then complete Form CP19: request for Greffier’s certificate (undefended)

• Complete whichever is appropriate of affidavits

• Form CP07: affidavit by applicant in support of cause application on the ground of one year’s or two years’ separation, or on the ground of nullity

• Form CP09: affidavit by applicant in support of cause application on the grounds of unreasonable behaviour

• Form CP10: affidavit by applicant in support of cause application on the ground of desertion

Do not send the papers to the Court until the affidavit is sworn and witnessed. If the applicant is in Jersey, the affidavit must be sworn and witnessed by a Jersey solicitor, advocate or notary. Make sure you also sign and date your affidavit.

If the Court is satisfied with the paperwork, the Greffier’s Certificate will be issued and sent to both parties and a date will be set for the pronouncement of the conditional order.

The conditional order does not finalise your dissolution of your civil partnership. You do not need to attend Court on the date the conditional order is to be pronounced, but may attend is there is a dispute about costs.

We will send the conditional order to you and your civil partner.

Statement of Arrangements for children 

If the Court is satisfied about the arrangements for each child, we will send you a Certificate of Satisfaction along with your conditional order. 

Six weeks and one day after the pronouncement of the conditional order, you as the applicant can apply to the Court for the conditional order to be made final.

• Complete and file Form CP11: notice of request for Conditional Order to be made final. A fee of £45 payable. If you do not apply, the respondent may apply three months thereafter by filing a Form CP14: summons and Form CP11. 

There may be special cases of urgency when an earlier application may be made. 

The conditional order will not be made final unless the Court is satisfied with the arrangements for each child of the family, unless there are circumstances in which it may be necessary to make the divorce absolute without delay. There are other reasons why the Family Judge may not make the final order.

If the Court is satisfied, a final order will then be sent to both parties.

A Final order brings your civil partnership to an end. It has consequences depending on your particular circumstances. If you are unsure about the consequences, consult an advocate or solicitor.

Please note you must apply within 12 months of getting the conditional order - otherwise you will have to explain the delay to the court.

Please remember you cannot remarry until you have your Final order. The Final order is an important document. You may be required to produce it on future occasions, so keep it safe. 

To obtain copies of your Final order you will need to pay a fee.

It is in your interests to get financial matters sorted out and a Court order made. If not, it could/may lead to a future claim being made against you for a share of the wealth you may have acquired after the dissolution of the civil partnership. If you reach agreement about finances, you and your civil partner may send a draft order signed and dated by both of you (called a draft Consent Order) to the Court once the conditional order has been issued. You are likely to need legal advice. Also send a completed Statement of Information for a Consent Order Form, signed and dated by both of you. See Practice Direction FD12/07 or pick up a copy from the Court. There is a fee for filing a draft Consent Order with the Court. See Fees or pick up the information from the Court. A judge will then decide whether to make an order in the terms you want. See Civil Partnership: Financial.