End a civil partnership
If your partner lacks mental capacity
You can apply to end your civil partnership if your partner 鈥榣acks mental capacity鈥� and cannot agree to end the civil partnership or take part in the process.
Your partner will need someone to make decisions for them during the process. The person who acts on their behalf is called a 鈥榣itigation friend鈥�. It can be a family member, close friend or someone else who can represent them.
Your partner does not have a litigation friend
If there鈥檚 no one suitable and willing to be their litigation friend, you can apply to the court to appoint a litigation friend.
The Official Solicitor may agree to act as your partner鈥檚 litigation friend when there鈥檚 no one else to do this (鈥榣itigation friend of last resort鈥�).
How to apply
-
Check there鈥檚 nobody else suitable or willing to act as your civil partner鈥檚 litigation friend.
-
Check that there鈥檚 money available for any costs the Official Solicitor has to pay. Your civil partner may be able to get legal aid.
-
Give the details of your civil partner鈥檚 doctor or other medical professional to the court so it can ask for a certificate of capacity.
After you apply
If the Official Solicitor agrees to act as litigation friend for your civil partner, you鈥檒l be able to end your civil partnership.
Contact the Official Solicitor鈥檚 staff
Email or call the private family law team if you have an enquiry.
Official Solicitor - private family law team
[email protected]
Telephone: 020 3681 2754
Find out about call charges