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Divorce, Judicial Separation and Nullity

Divorce is the legal process by which your marriage is ended.

Judicial Separation is the legal process by which your legal marital obligations end but you remain legally married

Nullity is the legal process by which your marriage is ended and declared to have never existed

At Kirwans we can help by offering expert advice and professional service helping you through the legal processes of divorce.

Step by Step guide to the Divorce Process

First Steps

In order to commence divorce proceedings in England and Wales you must:

It is important to note that if you entered into a religious marriage as well as a civil marriage, divorce proceedings may not dissolve the religious part of your marriage and you should take specific advice if you believe this applies to your circumstances.

Grounds of Divorce

To obtain a divorce you must be able to show that the marriage has irretrievable broken down due to one of five facts:

What you will need:

The Court process

Divorce petition is sent to court

A copy is sent to your husband or wife

Your husband or wife completes an Acknowledgment of Service

If undefended, you sign a statement confirming details are true and apply for Decree Nisi/Conditional Order

Judge considers all the papers and decides if you are entitled to a divorce

Court sets date for pronouncement of decree nisi

6 weeks and 1 day after decree nisi you can apply for decree absolute

The process for Judicial Separation is the same as the above except there is no Decree Nisi only a  Decree of Judicial Separation

The process for Nullity is the same as that of Divorce.



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