Till Judge do us part

 

I don’t know many people who go into a marriage thinking about how to end the union, but I’m sure we all know that the phrase “till death do us part” isn’t as final as it sounds.  We all know that a Judge can end the marriage earlier, although some people I know might tell you that death might have been a less painful option.

Of course, even Judges (and most importantly their clerks) get it wrong.  You might have read that it’s been discovered that although a number of couples thought they had obtained their divorce, it turns out that the divorce papers have been issued in error, and actually those divorces are invalid.

The consequences of this could be huge.

What if, since your “divorce” there has been a significant change in your (or your spouses) financial position.  Does that give rise to a claim.   Possibly.

What if you or they have since remarried.   Is the new marriage now invalid.  Probably.

Who is going to pay to sort all of this out.  Well there may be a claim against the courts, but my experience is that this can often be more trouble than it’s worth.  They know better than anyone how to stall.

What’s more, they will no doubt rely on a degree of contributory negligence.  For example, some of the divorces are apparently going to be declared invalid because they were requested too early.  You cannot apply to the Court for a divorce within 12 months of the marriage.  If you applied too early, and the court clerk didn’t notice and granted you your divorce, they will no doubt say that you have to take some responsibility.  Claiming that although it was only 11 months, it felt like 11 years won’t work.

What do you do next.

Well if this does affect you (or anyone you know) or you want to check whether your divorce is valid, drop me a line for more details.

If you’re thinking about getting divorced, even if you are happy to do all the paperwork yourself, it might be worth having coffee and a chat with me to make sure you’re on the right lines.  It may turn out to be the best investment you’ve made since the honeymoon.

If you haven’t got married yet, but you’re thinking it might be on the cards, let’s have a chat about a pre nuptial agreement.  It wouldn’t protect you from everything, but it’s better than nothing.

If you’ve no plans to ever get married (again!) join the club!

Kleyman & Co Solicitors.  The full service law firm.  We know about lawful impediments.