Divorce, Judicial Separation and Nullity
Divorce is the legal process by which your marriage is ended.
Judicial Separation is the legal process by which your legal marital obligations end but you remain legally married
Nullity is the legal process by which your marriage is ended and declared to have never existed
At Kirwans we can help by offering expert advice and professional service helping you through the legal processes of divorce.
Step by Step guide to the Divorce Process
First Steps
In order to commence divorce proceedings in England and Wales you must:
- have been married for at least 12 months;
- ensure the Court is able, as a matter of law, to deal with the divorce. This usually means that either you or your spouse must be domiciled or habitually resident in England and Wales; and
- have entered into a legal marriage ceremony whether in the UK or abroad.
It is important to note that if you entered into a religious marriage as well as a civil marriage, divorce proceedings may not dissolve the religious part of your marriage and you should take specific advice if you believe this applies to your circumstances.
Grounds of Divorce
To obtain a divorce you must be able to show that the marriage has irretrievable broken down due to one of five facts:
- Adultery; or
- Unreasonable behaviour; or
- Two years desertion; or
- Two years separation to which both spouses consent; or
- Five years separation.
What you will need:
- Original or certificate copy obtained from the Register office of your Marriage Certificate
- Court fee £340 or proof of income (to apply for a reduced fee)
The Court process
Divorce petition is sent to court
A copy is sent to your husband or wife
Your husband or wife completes an Acknowledgment of Service
If undefended, you sign a statement confirming details are true and apply for Decree Nisi/Conditional Order
Judge considers all the papers and decides if you are entitled to a divorce
Court sets date for pronouncement of decree nisi
6 weeks and 1 day after decree nisi you can apply for decree absolute
The process for Judicial Separation is the same as the above except there is no Decree Nisi only a Decree of Judicial Separation
The process for Nullity is the same as that of Divorce.
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