Divorce, Dissolution and Judicial Separation

You can make a joint or sole divorce application. A party applying for a divorce or dissolution is known as the ‘applicant.’ On a joint application the parties will be known as ‘applicant 1’ and ‘applicant 2’. In a sole application case, the other party will be known as the ‘respondent’. Whilst joint applications are encouraged in some instances you may be advised to make a sole application.

From start to finish the minimum timeframe for a divorce will be 26 weeks. There is a minimum period of 20 weeks between the start of proceedings (when the court issues the application) and when the applicant(s) may apply for the conditional order. There is then a minimum of 6 weeks and 1 day between the conditional order and when the order can be made final. In some circumstances it is possible to make an urgent application for the conditional or final order.

If you or your family have a close connection to more than one country, you may have a choice where to issue a divorce or dissolve your civil partnership. The law varies from country to country and so it is important to get early legal advice so you can consider the best country (forum) for you to start proceedings.

In helping you decide where to start proceedings we will consider the advantages and disadvantages of pursuing financial claims in another country, the time it will take to finalise the divorce or dissolution and any related financial claims and whether the financial orders will be recognised and enforceable.

If you have children, we will also consider the likely impact of a foreign divorce or dissolution on the orders that may be made in relation to your children.

It is important that you act quickly and seek advice on jurisdiction before notifying the other party because the country where divorce or dissolution proceedings are first issued may ‘seize’ jurisdiction to also deal with financial matters.

For more information on our international services click here

A judicial separation allows couples to live apart without divorcing or ending a civil partnership. You may want to apply for a judicial separation for religious reasons or because you have been married or in a civil partnership for less than a year. A divorce or dissolution application cannot be made within the first year of marriage or civil partnership.

A nullity of marriage order (sometimes known as annulment) declares that the marriage is void or voidable. A void marriage is a marriage that was never legally valid, and a voidable marriage is one that was legally valid but meets one of the reasons that makes it ‘voidable’. Unlike divorce you can apply for an annulment in the first year of marriage or civil partnership.