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Divorce, Dissolution, Judical Separation & Nullity

Divorce

Divorce is the permanent legal dissolution of a marriage. You can get a divorce if you have been married for at least one year and your relationship has permanently broken down. You must satisfy the court of certain "grounds" before you can obtain a divorce. More details about the information you need to provide and the process for applying for a divorce can be found in the leaflet "Divorce or dissolution: commencing proceeings."

To obtain a divorce you or your partner must be permanently resident in the Falkland Islands on the date when you apply or either of you must have been living in the Falkland Islands throughout the period of one year before that date.

In addition to the guidance leaflet "Divorce or dissolution: commencing proceedings" the Courts and Tribunals Service has also compiled a leaflet for those who have been served with divorce papers entitled "Divorce or dissolution: responding to the petition".

The forms required to apply for a divorce can be found at the links at the bottom of this page and may be obtained in hard copy from the court office.

Dissolution of a civil partnership

Dissolution is the process by which a civil partnership is permanently dissolved. The process and requirements are identical to those for a divorce.

Judicial separation

Most people whose marriage has broken down will proceed to divorce. There are some people, however, who do not wish to end their marriage, for example, for religious reasons. In those circumstances an application for judicial separation may be made. Judicial separation is the removal of the obligation between the parties of a marriage to live together (co-habit). An order for judicial separation will not legally end a marriage but, while the separation continues, it will end any entitlement that a spouse has under an intestate estate. You must still satisfy the court of the same grounds as in a divorce, but the court does not need to be satisfied that the relationship has broken down permanently.

To obtain a decree of judicial separation you or your partner must be permanently resident in the Falkland Islands on the date when you apply or have been living in the Falkland Islands throughout the period of one year before that date.

In order to apply for judicial separation you will need to file with the court a petition, a copy of which can be found below. A hard copy of the form may be obtained from the court office.

Judicial separation is cannot be granted to people who are in a civil partnership.

Nullity

Nullity of a marriage or civil partnership declares the marriage or civil partnership null and void, which is different from a divorce, dissolution or judicial separation, all of which terminate the marriage or civil partnership. The grounds upon which you can obtain an annulment are also different. These are set out in the Matrimonial Causes Ordinance and cover such instances as where a party did not consent to the marriage or civil partnership.

The effect of annulment is the same as divorce or dissolution and allows the parties to remarry, or enter in to a further civil partnership, thereafter.

Ancillary Relief

An application for ancillary relief may be made at any point following the issuing of divorce, dissolution, nullity or separation proceedings. Ancillary relief deals with financial arrangements between the parties and arrangements for the children. The court may make one or more orders to create a "package" to ensure that the parties to any proceedings and any children of the family are adequately provided and cared for. These may include such orders as one off lump sum payments or regular payments to either party. The court will request and consider the income of the parties and any property and business interests etc that they may own in coming to its decision.

The court is unable to advise individuals as to their rights or merits of any applications they may wish to make. Should you be considering making an application for ancillary relief you are advised to seek independent legal advice.

The following forms are to be used in matrimonial applications to the Supreme Court. Hard copies of these forms may also be obtained from the court office.

 Fees

Issue of originating process—£300

On an application to make a decree nisi absolute—£45

On any other application under the Matrimonial Causes Ordinance:-

(i) by consent—£50

(ii) other than by consent—£150

 

Guidance leaflets:

Files:
Divorce & Dissolution: Commencing Proceedings
Date 2018-07-13 14:12:40 File Size 107.79 KB Download 18 Download

Divorce & Dissolution: Responding to the Petition
Date 2018-07-13 14:13:25 File Size 335.22 KB Download 82 Download

 

Forms:

D8 Divorce/Dissolution/Judicial Separation Petition
Date 2018-07-04 15:29:55 Language  English File Size 650.57 KB Download 73 Download

D9 Statement of Arrangements for Children
Date 2018-07-04 15:33:16 Language  English File Size 282.24 KB Download 21 Download

D80A statement in support - adultery
Date 2018-07-04 15:32:02 Language  English File Size 205.6 KB Download 18 Download

D80B Statement in Support - Behaviour
Date 2018-07-04 15:34:33 Language  English File Size 203.85 KB Download 19 Download

D80C Statement in Support - Desertion
Date 2018-07-04 15:35:57 Language  English File Size 213.2 KB Download 18 Download

d80D Statement in Support - 1 year separation
Date 2018-07-04 15:37:00 Language  English File Size 204.86 KB Download 21 Download

D80E Statement in Support - 3 years' separation
Date 2018-07-04 15:37:50 Language  English File Size 205.1 KB Download 21 Download