Clean-break divorces should be introduced

CLEAN-break divorces should be made available, according to a new report on the annulment of marriages. The courts services annual report, published yesterday, shows there were 55 decrees of nullity applied for last year. While this is a 10% decrease on the 61 nullity applications made in 2008, there was an overall decrease in all family law proceedings from 2008 to last year. Under divorce law, there is no such thing as a clean break divorce* which means an ex-partner will always be able to apply through the courts for financial support. A report on nullity by Leman Solicitors found the number of people applying to have their marriage annulled has remained surprisingly steady, which may be due to maintenance and property adjustment orders. According to solicitor Deborah Kearney, this may be why younger couples are still applying for nullity “If you get divorced after being married for just four years, there is nothing to stop the other [party] going back to court years later to seek further provision. It is what’s called ‘taking a second bite of the cherry’.” According to Ms Kearney, there are circumstances where a clean-break divorce should be granted. “It is conceivable that some nullity applications may be made because couples do not have to be separated for any particular length of time and once a marriage is annulled it is final. “For younger people, this can be a real concern. There is a strong argument for perhaps shortening the time a couple have to wait in order to make a divorce application and also introducing clean-break divorce in some circumstances.” A decree of civil nullity means that a marriage is invalid and therefore deems that the marriage never really existed in the first place... Once a decree is granted, the, marriage is erased, both parties are seen to be single in the eyes of the law and are free to remarry (or “marry” as they were never actually validly married).

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