When we get married, the intention is to live happily ever after. Unfortunately, it doesn’t always work out, and couples must wait at least a year of being together before they can get a divorce. If you would rather not wait the 12 months, or if divorce is something you feel you cannot proceed with due to your religion, there are other divorce options to separate should you meet the requirements.
The three divorce options are an Annulment, Judicial Separation, or Divorce. The differences and requirements are as follows:
Annulment
What is it?
An Annulment (also known as Nullity) can be done at any stage of your marriage. Unlike a divorce, the intention of an annulment isn’t to end the marriage because it has broken down; it is to void the marriage altogether, resulting in the marriage being non-existent in the eyes of the law.
Requirements
To obtain an annulment, you will need to prove that the marriage was not legally valid at the time due to either:
- The spouse being a close relative.
- One or both of you being under 18 at the time of marriage (or under 16 if you got married before 27 February 2023).
- One of you was already married or in a civil partnership at the time of marriage.
Alternatively, you can make your marriage voidable for reasons such as:
- The marriage was never consummated (no sexual intercourse since the wedding).
- You were forced or coerced into the marriage without proper consent.
- Your spouse had a sexually transmitted infection or was pregnant with another person’s baby at the time of the wedding.
- One of you is in the process of a gender change.
Advantages and Disadvantages
An annulment can be the most logical route if you meet the requirements. It releases you from future restrictions or stigma, especially if being divorced would hold you back from remarrying due to religious beliefs. However, the strict requirements and potential need to prove your case in court can be disadvantages.
Judicial Separation
What is it?
A Judicial Separation is not a divorce but legally separates you from your spouse while remaining married in the eyes of the law. It provides time to decide your next steps and can simplify future processes.
Requirements
There are no specific requirements or time limits for a legal separation. You can make a joint or sole application, providing details of your marriage and deciding whether to make a financial order.
Advantages and Disadvantages
Judicial separation is economical and simple, making it ideal for those who cannot or do not want to divorce due to religious beliefs. It provides time to set out financial and family arrangements, potentially smoothing the divorce process later. However, since you remain married, you cannot remarry until divorced, and financial orders can still be pursued by your spouse.
Divorce
What is it?
A divorce permanently separates all legal and financial ties between you and your spouse. It involves both parties providing full financial and personal details, which are then assessed by a judge.
Requirements
As of 6 April 2022, a No-fault divorce legislation requires only a single statement of truth from one or both parties, deeming the marriage irreparable. The process takes a minimum of 6 months, starting with a 20-week conditional order followed by a final order lasting six weeks. The application can be retracted at any time.
Advantages and Disadvantages
The main advantage of divorce is the complete separation of legal ties, allowing you to move on with your life. However, once divorced, there is no going back, and religious restrictions may complicate remarriage.
Get in Touch – Divorce Options
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