Divorce, nullity and dissolution of Civil Partnerships

If your marriage or civil partnership breaks down there are legal formalities that have to be dealt with in order to end that relationship. A marriage can end in divorce or it can be annulled. Similarly a civil partnership can be dissolved or annulled. Although there are some differences between civil partnerships and marriages when it comes to ending these relationships, most of the procedure is very similar.

There are very strict reasons for nullity, but this can be applied for at any time after the marriage, or civil partnership. We can advise you on whether your circumstances are suitable for a nullity. Having the marriage or civil partnership annulled can have an impact on your status in the future and financial claims.

A divorce or dissolution can only be applied for one year after the ceremony. The marriage or civil partnership must have irretrievably broken down and this can be proved by a number of facts. In divorce proceedings these can be:

a) unreasonable behaviour
b) adultery
c) a period of separation in excess of 2 years if both parties agree
d) a period of desertion for 2 years
e) a period of separation in excess of 5 years, where it does not matter if one party objects or not.

The above facts can also be used to dissolve a civil partnership except adultery, as by its definition this would not apply to a same sex couple. Any infidelity can be cited under unreasonable behaviour.

We can advise and assist you in the right course of action in your circumstances.