Family and Divorce - Judicial Separation

Separation & Annulment

JUDICIAL SEPARATION

A Judicial Separation means you will remain married, but will be formally legally separated.

You will still need to show that there are difficulties in the marriage using the same facts as a divorce. However you do not have to state that the marriage has irretrievably broken down and you do not have to married for 12 months or more before starting judicial separation proceedings, unlike a divorce.

Therefore, if you cannot obtain a divorce because you have not been married for 12 months or more, you may want to apply for a Judicial Separation as this will allow you to apply for a court order to settle any dispute you and your spouse have about your children, money or property.

You will need a 'Judicial Separation Petition' and a 'Statement of Arrangements' form providing the same information you would need to provide for a divorce.  You will also have to submit an original or certified copy of your Marriage Certificate.

ANNULMENT

Annulment is a declaration by the court that a marriage was not legally valid or had become legally invalid.

The reasons why you may ask for an annulment of your marriage include:

• it has not been consummated
• your spouse was married to someone else at the time of the marriage
• one of you was under 16 years of age at the time of the marriage
• you have married a close relative
• your spouse had a sexually transmitted infection at the time of the marriage and was aware of it, but you were not
• your spouse was pregnant with another person's child at the time of the marriage and was aware of it, but you were not

You must apply to the court to annul the marriage by presenting a 'Nullity Petition' within a reasonable period of time, and in many cases this will be within three years of the marriage. There is no requirement to have been married for 12 months before applying.

For further information or advice on this or any other family matter, please contact the team on Tel - 08701 417 154 or Email – webenquiries@sydneymitchell.co.uk