• lawcourtshomepage

 

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.

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.

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 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—£309

On an application to make a decree nisi absolute—£46

On any other application under the Matrimonial Causes Ordinance:-

(i) by consent—£52

(ii) other than by consent—£155

 

Forms:

 

pdf     
Divorce & Dissolution: Commencing Proceedings
Created: Friday, 13 July 2018 14:12 | Size: 107.79 KB

pdf     
Divorce & Dissolution: Responding to the Petition
Created: Friday, 13 July 2018 14:13 | Size: 335.22 KB

pdf     
D8 Divorce/Dissolution/Judicial Separation Petition
Created: Wednesday, 04 July 2018 15:29 | Size: 650.57 KB

pdf     
D80A statement in support - adultery
Created: Wednesday, 04 July 2018 15:32 | Size: 205.6 KB

 

pdf     
D9 Statement of arrangements for children
Created: Tuesday, 20 October 2020 11:48 | Size: 318.66 KB

pdf     
D80B Statement in Support - Behaviour
Created: Wednesday, 04 July 2018 15:34 | Size: 203.85 KB

pdf     
D80C Statement in Support - Desertion
Created: Wednesday, 04 July 2018 15:35 | Size: 213.2 KB

pdf     
d80D Statement in Support - 1 year separation
Created: Wednesday, 04 July 2018 15:37 | Size: 204.86 KB

pdf     
D80E Statement in Support - 3 years' separation
Created: Wednesday, 04 July 2018 15:37 | Size: 205.1 KB

pdf     
D84 Application for decree nisi/conditional order/judicial separation decree order
Created: Wednesday, 04 July 2018 15:39 | Size: 151.39 KB