Divorce

Divorce can be a complex and time-consuming process. However, we can map out the best way forward for you. We can advise you on whether you are eligible to divorce, prepare your divorce application and finalise your divorce by filing the application with the Family Court. We can also advise you on any relevant time limitations arising out of your separation or divorce.

Only one party to a marriage needs to want to divorce to make a divorce application, and an application can be made either jointly or separately.

Your ex-partner cannot oppose a request for divorce except under specific grounds such as whether the parties have actually been separated for 1 year.

The Court will need to be satisfied that the parties have been separated for at least 1 year and there is no reasonable chance of you resuming married life together before the Court will grant you a divorce.

It is quite common for couples who separate to live under the same roof for a period post separation. A divorce can still be applied for if you and your partner live separated under one roof, if you can prove to the Court that you were in fact separated.