Have you separated from your partner recently? Have you finalised your property and parenting matters with your ex-partner and now you’re looking to re-partner? It may be time to arrange your divorce. An Application for Divorce can be made by one or both of the parties to a marriage.
An Application for Divorce is made on the ground that the marriage has ‘broken down irretrievably’, which is established by satisfying the Court that the parties have separated and have been living separately and apart for a period of at least 12 months. In some circumstances, parties may be ‘separated’ even though they continue to reside under the same roof, which does make the Application process slightly trickier, although not impossible.
An Application for Divorce can be made:
- After 2 years of marriage;
- Within the first 2 years of the marriage – but only if the parties have obtained a signed certificate from a family counsellor or other specified person which states that the parties have considered a reconciliation. This requirement may be waived in special circumstances.
So what is the process? Firstly, we need to know if you are applying jointly, or if you are applying singularly. In the event the Application is a joint application, you will not only save yourself some expense in having the Application “served” upon your former partner, but you also do not have to attend to the Hearing of the Divorce Application (unless there are children under the age of 18).
In the event your Application is a sole Application, you will need to attend to serving the Application upon your former partner, and you may also need to attend Court on the day the Application is heard.
Divorce Applications are simple and relatively quick – a date is set by the Court approximately six to eight weeks after the Application is filed, and upon that date the Court will decree that the parties will be considered legally divorced one month and one day later.