Divorce
The breakdown of a marriage is a difficult time for all parties. The procedure for divorce, judicial separation or annulment is usually straightforward. Difficulties can arise however, in relation to issues such as property, finances and children.
Here at Chris Stevenson Solicitors we will deal with your case in a sensitive, supportive and professional manner from start to finish.
Divorce
If you have been married for more than a year, you can submit a divorce application. Since the 6th April 2022, you are no longer required to attribute blame within the application. The legal ground to of which the divorce court must be satisfied is that the marriage has irretrievably broken down. A divorce application can be issued jointly or by one party.
Once a divorce application has been submitted, there is a waiting period of 20 weeks until the conditional order is received, then a further six weeks thereafter before a final order can be requested.
Judicial Separation
A judicial separation is a formal separation which is sanctioned by the court. It is more than a couple deciding to live apart. It enables the court to make orders about the division of money and property, similar to the orders which can be made on divorce, without actually terminating the marriage. A judicial separation order is made instead of a divorce final order.
Judicial separation may appeal to those who have a religious or cultural objection to divorce or those who wish to remain married to retain their automatic entitlements arising under their spouse’s pension.
Annulment
Annulment is a different way of ending a marriage. Unlike divorce, you can apply for annulment in the first year of your marriage or any time after.
You’ll need to show that the marriage:
- was never legally valid (‘void’);
- was legally valid, but meets one of the reasons that makes it ‘voidable’.
Examples of reasons why a marriage may be annulled are as follows:-
- One of you was already married or in a civil partnership.
- The marriage wasn’t consummated.
- Consent was not given properly, e.g. due to intoxication or coercion.
- You are closely related.
- One of you was under 16 years old at the time of marriage.
- Your spouse had a sexually transmitted disease when you married.
- The woman was expecting a child by another man at the time of the marriage.
How Chris Stevenson Solicitors help you
If you would like more information concerning divorce, judicial separation and annulment, please do not hesitate to contact our friendly family team on 01302 341243 or enquiries@chris-stevenson.co.uk.