The impact of not actually being divorced when you think you are is huge and means that any subsequent marriage entered into by either party is invalid and effectively bigamous. These situations should not happen but recent guidance issued by Sir James Munby indicates that there is a growing number of people who may be affected by this issue. If you are in any doubt as to the validity of your Decree Nisi or Decree Absolute and need advice around this issue please do not hesitate to contact us.
Some divorced people who have remarried may have inadvertently committed bigamy after being granted a defective divorce, the president of the family division has revealed.
The government has announced it is piloting a fully online digital divorce application process across England and Wales which it hopes will make the process less stressful for families.
HM Courts & Tribunals Service initially piloted a scheme last year which enabled people to apply for a digital divorce online, print off the form and send it to court. The service is now being extended so that people can submit a form, send relevant documents and make payments. In the first week HMCTS received 130 online applications.
Finally the court service is starting to move with the times and embracing technology to make life easier for everyone regarding divorce applications. Watch this space for when the pilot scheme is made available nationwide and for any update regarding the long awaited no fault divorce which resolution lawyers have spent years campaigning for.
Enabling people to apply for a divorce online could eliminate up to 13,000 hours of time spent by court staff checking divorce petitions, a senior civil servant responsible for several family justice reforms predicts.
Maintenance is no longer for life. So how are the courts currently dealing with maintenance issues?
This is an interesting case which will concern wives, delight husbands and highlights that the approach nationwide is not at all consistent.
A high-profile divorce ruling scrapping future payments signifies a sea change in how courts regard maintenance, according to a leading family lawyer.