Divorce

There is only one requirement for the granting of a divorce – separation of 12 months. The 12 months need not be continuous: it can be broken by up to 3 months. Separation doesn’t have to mean living apart, either – it involves how you relate to each other and how you present yourselves in public. You can be separated but still living under the same roof.

Divorce proceedings take place on a ‘no-fault’ basis, which means that personal or emotional aspects of the relationship will not come into consideration.

Some of the key steps in the granting of a divorce:

  • lodging an Application for Divorce;
  • serving the papers on the other party;
  • filing of a Response (not usually done);
  • the Hearing;
  • granting of a decree nisi;
  • granting of a decree absolute.

There is a fee for filing the Application with the Court, which is currently around $450.00. If there are no minor children, and each of you agrees that you have been separated for 12 months, it will probably not be necessary to appear before the Court. If there are minor children, the Court has to be satisfied that proper arrangements have been made to look after them – you will be able to arrange to appear over the telephone, and it will likely take no more than 5 minutes.

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