It has recently been revealed that 11 divorce centres in England and Wales have been affected by administration errors, which could mean that some divorces may have been mishandled. According to the Law Society Gazette, some people believing they were divorced may have committed bigamy after remarrying, as their divorces were not legally valid.

The mistakes seem to involve couples who were married for less than 12 months before applying for a divorce. In England and Wales, the law states that you must be married for a minimum of a year before a divorce can be granted. It has emerged that some couples were granted divorce too quickly. In other cases, couples had been granted divorces on the grounds of being separated for two years when this minimum time period had not yet elapsed.

This means that many people who believe they are divorced are not, and if they have remarried then their new marriages may not be valid in the eyes of the law.

How many people are affected?

Unfortunately, the number of couples affected by these admin mistakes has not been made publicly available. What is known is that the errors happened at 11 divorce centres within England and Wales that were set up since 2015.

Commenting on situation and the release of a statement on the matter by family division president Sir James Munby, Resolution’s Margaret Heathcote told the Mail Online:

“With the closure of many courts and fewer resources for the family justice system more broadly, it is inevitable that there will be an impact in one form or another.

“The fact that the president has had to issue this guidance suggests there are basic mistakes being made that simply shouldn’t happen.”

What to do if you suspect your divorce wasn’t valid

If it has been discovered by a judge or legal professional at one of the affected divorce centres that your divorce was granted without meeting the requirements, you may have already been contacted.

If not, the most important thing is to speak to a family lawyer right away for advice. One of our highly trained team at Tracey Miller, Liverpool divorce specialists, can look into the case on your behalf and let you know the facts of the situation. Our lawyers can offer advice on what to do next to make your divorce valid and settle any issues relating to remarriage.

There are a few things to remember:

• If your divorce wasn’t valid and you have remarried, your new marriage may not be valid. It is extremely unlikely that you will be prosecuted for bigamy, but you will need to get your divorce finalised and get your new marriage legally recognised.
• If you handed in your divorce application before you’d been married 12 months and it was approved, your divorce may not be valid. You’ll need to wait until the 12-month point and then apply again.

Please contact a family law expert here at Tracey Miller Family Law if you need tailored advice on your situation.