Under Hokorian law, a marriage may be dissolved by divorce or declared invalid through a declaration of nullity, depending on the circumstances.
Nullifying a marriage
A marriage may be declared void where:
- Either party was under the age of 18 at the time of marriage,
- The parties fall within prohibited family relationships,
- Either party was already lawfully married to another person,
- There was no free and full consent to the marriage.
A marriage may be declared voidable where:
- A party lacked the mental capacity to consent at the time of the marriage.
A voidable marriage remains legally valid unless and until a court issues an order annulling it.
Either party may apply to the Court for a declaration that the marriage is void or voidable. If the Court is satisfied that the legal requirements are met, it will issue a declaration of nullity.
Divorse
The sole ground for divorce in Hokoria is that the marriage has irretrievably broken down. Irretrievable breakdown is established by a declaration made by one or both parties.
An application for divorce cannot be made until one year has passed from the date the marriage was registered.
An application may be made:
- By one party (a sole application), or
- Jointly by both parties
Where the Court is satisfied that the statutory requirements are met, it will grant a decree of divorce.
Effect
A decree of divorce legally dissolves the marriage from the date specified in the Court’s order. From that date, the parties are no longer legally married.