An application for a divorce can be made at any time after the expiration of the period of one year from the date of the marriage.
There is one ground for divorce: that the marriage has broken down irretrievably.
The divorce is begun by an application to the court, which can be made by one or both parties to the marriage. The application must be accompanied by a statement by the applicant or applicants to the effect that the marriage has broken down irretrievably. The court must accept the statement as evidence that the marriage has broken down irretrievably.
It should be noted that there can only be a defence to a divorce in limited circumstance, but these are technical matters. For the most part, presenting a petition will mean you will be divorce.
After 20 weeks from the start of the proceedings the applicant or applicants may confirm to the court that they wish the application to continue. The court will then make a conditional divorce order.
And after 6 weeks have elapsed from the conditional order the court may make a final divorce order.
Judicial separation
Another option to divorce is judicial separation, which is often used by someone with a religious objection to divorce. At the end of the judicial separation procedure the parties remain married, so you could not re-marry. The court can make most financial remedy orders, as on divorce.
Either or both parties to a marriage may apply to the court for a judicial separation order. An application must be accompanied by a statement by the applicant or applicants that they seek to be judicially separated. The court must then make a judicial separation order.
Nullity
A further, albeit rare, possibility is for the marriage to be annulled.
A decree of nullity annuls the marriage. The effect of this depends upon whether the marriage was void, or voidable. As these are rare, specialist advice
is always required.
Unlike divorce, nullity petition can be defended and so, practically speaking, the number of these cases will be extremely limited.
The procedure on nullity can be lengthy and expensive, and for this reason most people considering it decide that divorce is the simplest option.
Civil partnership dissolution, separation and nullity
If the parties are in a civil partnership rather than married they may still apply to the court for the partnership to be dissolved, for a separation order, or for the partnership to be annulled. In each case, the law and procedure is essentially similar to that for married couples.
How Prince Family Law can help?
We offer a free 30-minute consultation for anyone interested in our services. Our excellent team of support staff are always on hand to offer reassurance and liaise with you and the fee earner involved in your case to ensure you receive a first-class service at a reasonable price.
Divorce Services
Once you have been married for one year our divorce solicitors can help you pursue a divorce.
The sole ground for divorce is that your marriage has irretrievably broken down and the facts that can be relied on are:-
- Adultery
- Unreasonable Behaviour
- Two Years’ Separation by consent
- Five Years’ Separation
- Desertion
Regrettably, the concept of no-fault divorce has not yet found itself to this country but our team of specialist divorce solicitors in Sheffield and Chesterfield will assist you in adopting the right approach in the least confrontational manner.
We offer a fixed fee package for an uncontested divorce of £500.00 plus VAT plus Court fees and within that service, we provide and complete all the paperwork from initiating the divorce to obtaining your Decree Absolute.
Civil Partnership Dissolution during divorce
Prior to same-sex marriage becoming legal in England in March 2014 same-sex couples could enter into a Civil Partnership.
Expert legal advice is required to bring to an end a Civil Partnership as the process is the same as for divorce.
Our experienced divorce lawyers do not underestimate the difficulty in deciding to end a Civil Partnership and it is important for you to know your rights in relation to financial matters and children when reaching that decision.
It is also possible to convert a Civil Partnership to a marriage.
International Aspect of divorce
It is essential to seek immediate legal advice regarding dissolving marriage where there is an international element.
It may be crucial to the outcome of the proceedings for the Divorce Petition to be issued in the correct jurisdiction.
Our divorce lawyers in Sheffield and Chesterfield have substantial experience in dealing with case’s with an international element and would strongly urge you to contact one of our team to discuss your options at the earliest opportunity.
Marriage Annulment
Whilst very rarely used it is possible to annul a marriage. Annulment is a process by which a Court can state that a marriage never legally existed based on mental illness, fraud, forced consent, physical incapacity to consummate the marriage, lack of consent to underage marriage or bigamy.
Due to what can be a lengthy and expensive procedure, clients often decide that divorce is the simplest option, in rare case’s annulment is the only way forward, and we can offer expert advice if required.
Judicial Separation during divorce
In some cases for example due to religious reasons or the fact that your marriage is of less than one year’s duration another option is Judicial Separation.
The procedure is similar to divorce with one of the parties presenting a Judicial Separation Petition but there is no requirement to show that your marriage has irretrievably broken down.
A Decree of Judicial Separation is a Court Order under which the couple remains legally married but their normal marital obligations cease, and they no longer have to live together.
If you feel judicial separation may be appropriate please contact our expert team of divorce solicitors in Sheffield and Chesterfield to discuss your options in more detail.
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