About Divorce & Dissolution
What is the difference between a divorce and a dissolution?
A divorce is a way to end a marriage. A dissolution is a way to end a civil partnership.
How do I get a divorce/dissolution?
By filling in an application form, called a divorce/dissolution/(judicial) separation petition, and sending it to the court.
When can I get a divorce/dissolution?
You cannot start an application for divorce/dissolution unless you have been married/in a civil partnership for more than one year.
Must I explain why I want a divorce/dissolution?
Yes, you must be able to prove to the court that you have reasons (or 'grounds') for saying the marriage/civil partnership is at an end. The expression the court will use is that the marriage/civil partnership has 'irretrievably broken down'.
The court will accept one or more of the following 'facts' as proof:
- that your spouse/civil partner has committed adultery, and that you find it intolerable to live with him or her
- that your spouse/civil partner has behaved in such a way that you cannot reasonably be expected to live with them
- that your spouse/civil partner deserted you at least one year ago
- that you and your spouse/civil partner have lived apart for at least one year and he or she agrees to a divorce/dissolution, or
- that you and your spouse/civil partner have lived apart for at least three years.
Do I have to live in this country to get a divorce/dissolution here?
You must have some connection to the Falkland Islands for the court to have jurisdiction (the legal power) to grant you a divorce/dissolution. This includes the following connections at the date of the application:
either:
- you are domicilied in the Falkland Islands
- your spouse/civil partner is domiciled in the Falkland Islands
- you and your spouse/civil partner is domiciled in the Falkland Islands
- you have been habitually resident in the Falkland Islands for at least one year before your application
- your spouse/civil partner has been habitually resident in the Falkland Islands for at least one year before your application, or
- you and your spouse/civil partner have been habitually resident in the Falkland Islands for at least one year before your application.
Will I need a legal practitioner?
Probably not. But you will find it useful to have some legal advice before starting your application if:
- you do not know whether you have grounds for a divorce/dissolution
- your spouse/civil partner is not likely to agree to a divorce/dissolution
- you have not agreed about any financial support for the children or yourself, or about any property.
Court staff cannot give you legal advice or answer questions like:
- should I claim financial support?
- do I have proper reasons for a divorce/dissolution?
- what will happen to the house I own with my spouse/civil partner?
Will I have to attend a court hearing?
If you can agree with your spouse/civil partner about financial and property arrangements, you may not have to attend a court hearing at all.
You may have to attend a court hearing if you ask the court to make an order for financial support. If you cannot agree with your spouse/civil partner about the arrangements for any children, you can apply to the family court for an order under the Children Ordinance 2014.
How much will the divorce/dissolution cost?
You may have to pay a court fee, please click here for more details.
Will I need a copy of my marriage/civil partnership certificate?
Yes. You will have to give a copy to the court when your start your application. It will be kept on the court file. The copy must not be a photocopy.
Where can I get a copy of marriage/civil partnership certificate if I do not have one?
If your certificate is held by the Registry in the Falkland Islands, click here for more information.
If your certificate is held in another country you will need to contact the local registry office there.