The President of the Family Division of the High Court has highlighted concerns that some divorces may have inadvertently been granted even though the Court papers were not compliant with the relevant rules.

Divorce Petitions cannot be presented to the Court within twelve months after the date of marriage. There are a number of limited grounds for divorce such as the parties having lived apart for a continuous period of over two years and both agree to the divorce.

If proceedings are inadvertently started within that first twelve months or incorrect information given to the Court about the grounds for the divorce then the Divorce Petition may be held to be null and void and consequently any Decree Nisi or Decree Absolute (the certificates which confirm respectively an entitlement to a divorce and the divorce itself) are null and void.

If one of the parties subsequently remarries, that remarriage will be invalid.

An increasing number of people are dealing with the divorce process themselves to save costs and do not always realise the implications of getting it wrong. Those implications can be far reaching particularly if one of the parties subsequently died thinking they were divorced and they weren’t or thinking that they had remarried when that remarriage was invalid.

The Court system is under a huge amount of pressure at the moment with limited resources and staff effectively ‘firefighting’ to keep on top of incoming work. It is all too easy for mistakes to happen.  If in doubt, it is always safer to get legal advice before it is too late to rectify the problem.

Further Information and Advice

For further advice from a client focused, approachable, friendly and experienced Family Law Team please contact us. We have offices in Derby, Nottingham, Cardiff and London.

RELATED: WILLS & PLANNING FOR THE FUTURE >>FAMILY >> PRIVATE EQUITY, VENTURE CAPITAL & BANK FINANCE >>


FROM THE ADVICE CENTRE

News

Geldards Advises on First Employee Ownership Trust in Welsh Television Industry
15/10/2018
Geldards’ Cardiff based corporate team are advising one of Wales’ most successful independent TV companies, Cwmni Da, as it becomes owned by an Employee Ownership Trust.
more...

Blogs

A Day in the Life of a Geldards Trainee...
08/03/2017
Trainee solicitor Sarah Holford is week's away from qualifying as a Solicitor after spending 22 months developing alongside lawyers at Geldards.
more...

Publications

Enterprise Management Incentive
15/03/2017
Share options have always been a popular method of incentivising and rewarding employees.
more...

PARTNER

Fiona Apthorpe

FIONA APTHORPE

Partner, Derby

+44 (0)1332 254 124
email
more...

PARTNER

Gaynor Dickens

GAYNOR DICKENS

Partner, Cardiff

+44(0)29 2038 6524
email
more...