Divorce is the legal process by which a marriage is brought to an end.
England and Wales have the same legal system for divorce. If you or your husband/wife live in England or Wales you may begin proceedings providing that you have been married for more than one year.
If neither you or your husband/wife live in England or Wales you may still be able to bring divorce proceedings if you remain domiciled there. A person's domicile is not given up simply because he/she chooses to live abroad, even for a number of years. However, you should check your particular circumstances with your solicitor to ensure that you satisfy the jurisdiction criteria of the English and Welsh courts. The full text of Article 3 of the Council Regulation (EC) No 2201/2003 of 27th November 2003 which governs whether a member state of the European Union has jurisdiction to deal with divorce is set out here
Juducial separation is a similar procedure to divorce but there is no decree absolute and so you remain married. Instead you will receive a decree of judicial separation. Judicial separation is comparatively rare these days, although there are still those who do not wish to to be divorced but need the assistance of the courts in resolving their property and other financial issues.
Both procedures are entirely different to nullity. Nullity applies to a limited number of situations such as where the marriage has not been consummated. However, the court still has powers to deal with property even when the marriage is ultimately annulled.
The information on this site deals primarily with divorce as it is the most common solution to marital breakdown. However, I have experience with both Nullity and Judicial Separation and if you would like to discuss this in more detail please telephone/email to book a low cost initial consultation.
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Flowchart
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