ENGLAND & WALES Law and Practice Contributed by: Jeremy Levison, Miranda Green and Alexander Bartlett, Levison Meltzer Pigott
The respondent is invited to create digital login and to confirm service of the application via that route. It will sometimes be necessary (or preferable) to serve a party manually, and the rules differ depending on whether the respondent is in the jurisdiction or else ‑ where. If the respondent is in the jurisdiction then the applicant may: • send it via first-class post; • serve it via a solicitor who has confirmed they will accept service; • personally serve the application via a third party (typically a “process server”); or • send it via email but only if the respondent’s address is known such that confirmation can also be sent by way of first-class post. If a respondent is outside the UK then, broadly speak ‑ ing, the rules of service shall be governed by the juris ‑ diction in which the party is being served. A careful analysis will be required of the local rules in these cases. If service cannot reasonably be effected under the rules or the respondent refuses to confirm service, it is possible to apply to the court to use an alternative method of service, to “deem” that good service has been provided, or indeed to dispense with the need Whether or not a religious marriage ceremony taking place in the jurisdiction will create a legally binding marriage will depend on whether it has complied with the provisions set out in the Marriage Act 1949. For a non-religious civil ceremony, this includes the giving of notice, the use of an approved venue and witnesses, as well as the use of an authorised registrar. There are exceptions to elements of the requirements set out for a civil ceremony in the case of some (but not all) religious ceremonies. Marriages conducted under the Church of England must be conducted by a clergyman. Quaker and Jewish marriages may be conducted according to religious principles without the use of a registered building; the same does not apply to other religions. for service altogether. Religious Marriages
For example, an Islamic Nikah ceremony conducted in the jurisdiction will not create a valid marriage absent compliance with the requirements for a civil ceremony. By contrast, if a couple undertook the same ceremo ‑ ny in another country, it can create a valid marriage (including in the eyes of this jurisdiction), provided that it was validly held according to the rules in the host country. Many couples will therefore undertake a religious cer ‑ emony and then go on to register the marriage at a The courts of England & Wales offer an alternative to divorce in limited circumstances; a marriage can be annulled on the basis that a marriage is either void or voidable. Perhaps confusingly, both are distinct concepts from a marriage that never took place at all because, for example, a religious ceremony did not qualify. A void marriage is treated as never having existed, whereas a voidable marriage is treated as having lasted until annulment is obtained. separate civil ceremony for that reason. Annulment and Judicial Separation The most common example of voidable marriages are those which are not consummated either because of one party’s wilful refusal to do so, or because a party lacked the capacity. An example of a “void” marriage would be because the parties were too closely related or one party was already married. A further alternative to divorce is the concept of judi ‑ cial separation. Parties may wish to avoid the stigma associated with the term divorce, whether that be social or religious. Great care must be taken before choosing this path, as it has significant consequences upon the range of ancillary financial orders that are available to the court. 1.2 Choice of Jurisdiction in Divorce Proceedings Grounds for Jurisdiction The jurisdictional grounds for divorce in England and Wales centre around the concepts of residence, habitual residence and domicile. A party may bring an application for divorce when:
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