Divorce, Dissolution & Judicial Separation
This page will give you information about the differences between a divorce, a dissolution and a judicial separation.
What is the difference?
A divorce is how a marriage is ended.
A dissolution is how a civil partnership is ended.
A judicial separation does not end a marriage or civil partnership but means that parties to a marriage or civil partnership are no longer obliged to live together.
What is the effect of ending a marriage or civil partnership?
Ending a marriage or civil partnership means that you cease to be legally connected to your spouse/civil partner completely, and you are ‘free’ to remarry or enter into another civil partnership.
If you have made a Will leaving property to the other party to your marriage/civil partnership, you should make a new Will after your divorce/dissolution is completed. Any provisions in your Will leaving property to other party to your marriage/civil partnership will be void if made prior to the date of your divorce/dissolution.
What is the effect of a judicial separation?
A judicial separation means that you cease to be legally connected to your spouse or civil partner but only in a limited way:
- You are not free to remarry/enter into another civil partnership.
- You are no longer obliged to live with your spouse/civil partner.
- If you die intestate (without a Will) your spouse/civil partner will not inherit your property.
- If you die leaving a Will, with provisions leaving property to your spouse/civil partner, it will be abided by. If you do not wish your spouse/civil partner to inherit your property, you should make a new Will.
To apply for a divorce, dissolution or judicial separation you will need to supply the court with an original or certified copy of your marriage certificate or certificate of civil partnership.
If you require a copy of your certificate from the Falkland Islands, you may contact the Registrar General at registryenquiries@townhall.gov.fk or +500 27269.