Ending a civil partnership in Scotland is called dissolution, and it follows almost exactly the same law and procedure as divorce. The grounds are nearly identical, the financial rules are the same, and arrangements for children are decided in the same way. This page explains the process, the differences that do exist, and what to expect.
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The key point. Dissolution follows almost the same law and procedure as divorce in Scotland, including the same approach to dividing finances under the Family Law (Scotland) Act 1985.
The one substantive difference is that adultery is not a ground for dissolution of a civil partnership, although the same conduct can normally be founded on as unreasonable behaviour.
Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: 20th July 2026.
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Why Instruct Rooney Family Law
Dissolution itself is procedurally straightforward. The finances rarely are. In Scotland all financial claims must be made before dissolution is granted, and once it is through you cannot return to court for more.
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Family law is not one of the things we do. It is the only thing we do.
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Accredited by the Law Society of Scotland as Specialists in Family and Child Law.
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What Is Civil Partnership Dissolution?
Dissolution is the legal process of formally ending a civil partnership, in the same way that divorce ends a marriage. It is governed by the Civil Partnership Act 2004, and the action is raised in the sheriff court, or occasionally in the Court of Session.
Since the Civil Partnership (Scotland) Act 2020, civil partnership in Scotland is open to mixed-sex couples as well as same-sex couples, so dissolution is no longer a question that arises only for same-sex partners.
Converting to marriage is a different matter. Civil partners in Scotland may convert their civil partnership into a marriage. That is a conversion rather than a dissolution: it does not end the relationship and it does not trigger any financial claims. If you are considering it, it is worth taking advice on the effect on your respective positions first.
Grounds for Dissolution
There is a single ground: that the civil partnership has broken down irretrievably. That is established in one of three ways. A dissolution may also be granted where an interim gender recognition certificate has been issued to either partner.
One year’s separation, with consent
You have lived apart for at least a year and your partner consents to the dissolution. This is the route used in most cases.
Two years’ separation, without consent
You have lived apart for at least two years. Your partner’s consent is not required.
Unreasonable behaviour
Behaviour such that you cannot reasonably be expected to continue living together. No period of separation is needed before the action can be raised.
Adultery is not available
Unlike divorce, adultery is not a ground for dissolution. In practice this rarely matters, because the same conduct can normally be founded on as unreasonable behaviour.
Simplified and Ordinary Dissolution
There are two routes, and which one applies makes a substantial difference to cost and timescale.
Simplified dissolution
A form-based procedure with no court appearance. It is available where the ground is one year’s separation with consent or two years’ separation, there are no children of the partnership under sixteen, and there are no financial claims to be resolved. It is the quickest and cheapest route.
Ordinary dissolution
Used in every other case, including where behaviour is founded on, where there are children under sixteen, or where finances remain to be settled. An initial writ is lodged and served, and in an undefended action evidence is normally given by written affidavit rather than by attending court.
The trap in simplified dissolution. It deals with the partnership only. Financial claims are extinguished when dissolution is granted, so if there is a house, a pension or savings to divide, those matters must be settled first. Using the simplified route before sorting the finances can cost far more than it saves.
Finances on Dissolution
The financial rules are identical to those on divorce. Financial provision is governed by the Family Law (Scotland) Act 1985, and the same principles apply.
The relevant date
Partnership property is identified and valued at the relevant date, normally the date of separation, not the date of dissolution. Assets acquired afterwards are generally excluded.
Fair sharing
The starting point is fair sharing of the net value of the property acquired during the partnership, which usually means equal sharing unless there are special circumstances.
Pensions count
The proportion of a pension referable to the partnership is partnership property and is frequently the largest asset. A pension sharing order is available in the same way as on divorce.
Claims must be made first
All financial claims must be made before dissolution is granted. Once it is through you cannot return to court for a further share.
Most cases settle by negotiation and are recorded in a Minute of Agreement. Our pages on financial provision and pensions on divorce apply equally to dissolution.
Children
Dissolution does not itself decide arrangements for children. Where they are agreed, they can be recorded in the Minute of Agreement. Where they are not, either partner can apply to the court for a residence order, a contact order, or a specific issue order. In every decision the welfare of the child is the paramount consideration.
One point worth checking early. Who holds parental responsibilities and rights is not always obvious in a civil partnership, and depends on how the child came into the family, for example through adoption, donor conception or a previous relationship. It is worth confirming the position at the outset rather than assuming it, because it determines who can make decisions and who needs to consent. Our children and family law section explains this in more detail.
How We Help
We advise on which procedure applies, establish the relevant date and identify what is likely to be partnership property, negotiate the financial settlement and record it, and deal with the court from raising the action to extract decree. Where matters are agreed we keep it that way, and where they are not we say so plainly rather than letting costs drift.
Our Fees
What a dissolution costs depends on whether the simplified or ordinary procedure applies, and whether finances and children need to be resolved. A straightforward separation-based dissolution is a far smaller piece of work than a contested one.
Our fee for a simplified dissolution is £550, all in. Our fee for an ordinary undefended dissolution is £1,550, all in. Both cover our fee, VAT, the court fee and outlays, exactly as with the equivalent divorce procedures. Where finances remain to be resolved, that work is separate and is billed on a time basis in three-minute units rather than the six-minute units many firms use, with a clear estimate at the outset. Read more about how our fees work.
Common Questions About Dissolution
How much does it cost to dissolve a civil partnership?
Our fee for a simplified dissolution is £550, all in. Our fee for an ordinary undefended dissolution is £1,550, all in. Both cover our fee, VAT, the court fee and outlays. Resolving the finances is separate work billed on a time basis in three-minute units, with a clear estimate at the outset.
Is dissolution the same as divorce?
Very nearly. The grounds, the procedure and the approach to finances are the same, and financial provision is governed by the Family Law (Scotland) Act 1985 in both cases. The substantive difference is that adultery is not a ground for dissolution, although the same conduct can normally be founded on as unreasonable behaviour.
How long does it take to dissolve a civil partnership?
A simplified dissolution is usually a matter of weeks once the papers are lodged. An ordinary undefended dissolution where the finances are already agreed typically takes a few months. A defended action, or one where the finances are heavily disputed, can take a year or more.
Can we use the simplified procedure?
Only where the ground is one year’s separation with consent or two years’ separation, there are no children of the partnership under sixteen, and there are no financial claims outstanding. If there is property, a pension or savings still to divide, those must be settled first, because financial claims are extinguished once dissolution is granted.
What happens to our home and pensions?
They are dealt with in the same way as on divorce. Property acquired during the partnership is identified and valued at the relevant date, usually the date of separation, and the starting point is fair sharing. Pensions built up during the partnership are included, and a pension sharing order is available.
Do we both need our own solicitor?
We can only act for one of you. Your partner should take independent advice, particularly where a financial settlement is being agreed, because an agreement reached with the benefit of separate advice is far harder to challenge later.
Can a mixed-sex couple dissolve a civil partnership in Scotland?
Yes. Since the Civil Partnership (Scotland) Act 2020, civil partnership in Scotland is open to mixed-sex couples as well as same-sex couples, and dissolution follows the same rules regardless of the sex of the partners.
Can we convert our civil partnership into a marriage instead?
Civil partners in Scotland may convert their civil partnership into a marriage. That is a conversion rather than a dissolution: it does not end the relationship and it does not give rise to financial claims. If your relationship has broken down, conversion is not the route you need.
Do arrangements for our children change automatically?
No. Dissolution does not itself decide where children live or how contact works. Those arrangements are agreed between you, recorded in a Minute of Agreement, or decided by the court on the basis of the welfare of the child.
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Speak to Our Civil Partnership Solicitors
If you are considering ending a civil partnership, we will tell you which procedure applies, what the finances are likely to look like, and what it will cost. Free initial telephone call of approximately 10–15 minutes.
