The process typically takes about four months, including the mandatory 12-month separation period, before filing for divorce.
The sole ground for divorce is the irretrievable breakdown of the marriage, demonstrated by 12 months of separation.
Attendance is required if there are children under 18 or if your spouse contests the divorce.
A divorce lawyer can provide legal advice, help with paperwork, represent you in court, and ensure your rights are protected throughout the process.
Property and assets are divided based on a fair and equitable distribution, considering contributions and future needs.
It is common for parties to separate but remain living under the same roof. There are many reasons why parties separate but remain under one roof. This does not necessarily prevent you for making an application for divorce.
If you and your partner have separated under the one roof, you will also need to provide evidence in the form of an Affidavit to the Court demonstrating that you are not living together as husband and wife, despite cohabiting. For example, parties might indicate that separation has occurred by way of a change in sleeping arrangements, a reduction in shared activities, separation of finances or notifying family and friends
There are two ways to apply for a divorce – either as a joint application made by both you and your former partner, or a sole application made by one of you. If your spouse doesn’t agree to the divorce, you can make a sole application.
If you make a sole application, it will need to be personally served on your former partner and, if there are children under 18 years old, you will need to attend a court hearing. A joint application for divorce means that you and your spouse mutually agree to get a divorce. If you do not have children under 18 years, there is no requirement for either of you to attend court.
If you and your partner were separated whilst living under one roof, filing a sole application means you will need to swear an affidavit, and you also need to have a “third-party” witness provide an affidavit setting out that you indeed were separated but remained under one roof. If you are filing a joint application, you and your spouse will each need to swear an affidavit.
There are advantages and disadvantages to either option. Filing a joint application is often much easier; there is no dispute as to facts as it is filed jointly and there is no requirement for service. However, in our experience, there have been times where one spouse indicates that they are willing to execute the joint application, then renege on this at the last minute after the application has already been prepared.
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