Divorce, nullity and judicial separation
The process of getting a divorce can be a difficult and stressful time. Our family lawyers are specialized in these sensitive matters and aim to make you feel comfortable and ensure you understand all the issues. We will explain the divorce process to you, start the divorce action for you and keep you informed of all progress.
As from 6 April 2022, under the Divorce, Dissolution and Separation Act 2020, there is no longer a requirement to prove that a marriage has irretrievably broken down by establishing one of the previous five facts in respect of behaviour or separation. The only requirement now is to provide a statement of irretrievable breakdown of the marriage of civil partnership. The new divorce law therefore removes the need for blame in divorce proceedings – the new law is widely referred as the “no blame or no fault divorce”.
The Ministry of Justice has issued a very comprehensive information pack which can be accessed here
The law regards some marriages completely invalid from the outset or potentially invalid but which will remain in force until a decree of nullity is granted. A marriage can therefore be annulled on the grounds that it is void or voidable. Once the annulment is finalized, it is as if the marriage had never taken place.
In a judicial separation, the marriage is not deemed to have come to an end and the parties cannot remarry. This is commonly used when the parties have separated but do not want the finality of a divorce, but a legal document from the court to formalize the separation. For religious reasons, some people may not wish to go through a divorce.
One of our experienced family solicitors will be happy to assist you in your children matters. Please contact Severine Vincent on 01926 422101 or visit our Contact page. Alternatively, you can send Severine a message direct using departments contact form.