General description of the legal consequences of divorce

Once a marriage relationship is dissolved in a legal sense (i.e. a divorce decree/order has been granted by the Court), each party will no longer be a spouse and both parties are free to remarry.

Certain rights that are available to each party as a spouse will be either lost or affected upon divorce, for example:

• certain benefits under a former spouse’s life insurance will be lost;
• social security benefits may be lost or changed;
• taxation status will be changed (e.g. married person’s allowance);
• medical insurance provided by a former spouse’s employer will be lost; and
• divorce also has an effect on a will made by either party to the marriage or a family trust.

Both parties lose rights that were given to them under certain matrimonial legislations, in particular their “matrimonial home rights”. However, as far as children are concerned, each parent (unless otherwise ordered by the Court) retains parental responsibility on divorce and there is an obligation on both the father and the mother to provide their children with financial support.

Orders for financial provision, or property adjustment orders (if any), made by the Court in accordance with the law in favour of either of the parties to the marriage will take effect upon divorce. Orders for settlement (e.g. transfer or take over of any property), or variation of settlement, in respect of any child of the family will also take effect upon divorce. All other orders for children take effect as soon as they are made.

Nullity

There are several circumstances under which a marriage can be declared null and void by the Court, such as:

• where one or both parties were under 16 years old at the time of the marriage;
• where one or both parties were already married at the time of the marriage; or
• where the marriage has not been consummated due to the incapacity or refusal of one party to do so.

If the marriage is declared null (invalid), each party will be free to remarry in the same way as if a divorce had been granted. The Court has the same power to make orders relating to money and children as it does in divorce and judicial separation proceedings.