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Relationships FactSheet

 

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Judicial Separation and Nullity Proceedings

In Judicial Separation and Nullity Proceedings you need only apply for 1 decree. You follow the same procedure as above by sending an Affidavit and Request for Directions for Trial Form to the court. The court will then send you your "Decree of Judicial Separation" or "Decree of Nullity".

Before granting any of the above decrees the court will need to ensure that the arrangements you and your partner have made for the children are satisfactory. They can usually decide this from the information provided on the "Statement of Arrangements Form".

However, if the judge requires more information he can fix what is known as a "Children's Appointment". This means you and your partner or whichever one of you has the care of the children will need to go to court and explain to the judge what arrangements you and your partner have made for the children.

If you are receiving Legal Help, (see Public Funding / CLS) your solicitor will not be paid by the Legal Services Commission to go to court with you, so you may have to attend court alone, or pay your solicitor to go with you.


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