If you are considering a separation during a marriage and are thinking about the next steps, you should make sure you understand all of your options. If a reconciliation does not happen following legal separation then you may well be thinking about divorce or annulment and knowing the difference between the two is important before you take any legal steps to move forward with one or the other.
You can only apply for a divorce in England and Wales if you have been married for over 12 months. If you have not been married for this long then you cannot divorce and would have to consider annulment. A divorce must go through the Courts – although if you can agree the basis of the divorce then neither of you would need to physically attend Court. There is only one ground for divorce – the marriage must have ‘irretrievably broken down’. This means that you and your spouse will not get back together.
To then prove this to the Court, you must rely on a single divorce ‘fact’. There are five facts you choose from:
More than one fact may apply, but you choose one. Ellis Hass Family Law experts will be addressing these facts in more detail in future blogs. Follow us on Facebook, Twitter or LinkedIn to not miss out on this.
Once your divorce concludes you will obtain a ‘decree absolute’ which is the Court document which confirms that you are divorced from your former spouse.
Annulment requires no period of marriage before you can apply. You can apply for annulment, in theory, the day after your marriage. The basis on which you annul a marriage will depend on whether the marriage is viewed by law as ‘void’ (i.e. never existed) or ‘voidable’ (i.e. existed but does no longer):
At the end of the annulment process, you will obtain a ‘decree of nullity’ which is the Court document which confirms that your marriage was either ‘void’ and never existed, or no longer exists if the marriage was ‘voidable’. At that point, you are no longer married to your spouse in the eyes of the law.
If you need further advice on divorce or annulling your marriage then please contact our Family Law Team on 0121 746 3002.
Helping you through complex issues as a result of your relationship breakdown. We aim to assist you with efficiently separating the emotional difficulties from the practical issues that must be addressed.
Support putting the pieces back together after sustaining an injury that wasn't your fault, or experiencing clinical negligence. We aim to help you get maximum compensation for your pain and suffering.
We have a brilliant team of employment law specialists on our side to help you through the workplace challenges you are facing. We are here to provide professional support throughout this difficult time.
LEGAL
Ellis Hass & Co Solicitors is a trading name of Ellis Hass Ltd, a company registered in England and Wales under Company Number 8953244, Authorised and regulated by The Solicitors Regulation Authority. Registration Number 612905. VAT Number 754058819.
FOLLOW US:
Ellis Hass & Co Solicitors
Avon House
435 Stratford Road
Shirley, Solihull
B90 4AA
Ellis Hass & Co Solicitors
5 Chancery Lane
London
WC2A 1LG
Ellis Hass & Co Solicitors
The Colmore Building
20 Colmore Circus
Birmingham,
B4 6AT
Ellis Hass & Co Solicitors © 2024 | Consultant Solicitors | Privacy Policy | Complaints | Location Pages