Stage 1: Initiating the Process – The Petition or Application

The process begins by filing documents with the Family Court. 

• Filing a Petition (Sole Application):
  • The Petitioner must prove the marriage has irretrievably broken down via one of five grounds:
    • Adultery 
    • Unreasonable behaviour 
    • Desertion for a continuous period of at least 2 years
    • 1 years’ separation with the respondent’s consent 
    • 2 years’ separation (consent not required)

Stage 2: Arrangements & Potential Disputes

After the petition/application is filed, the Respondent may file an Answer to the Petition, opposing the grounds and/or arrangements stated. In general, the main disputes include: 

• Ancillary Relief: This involves negotiating and obtaining Court Orders for the division of matrimonial assets (e.g., property, savings) and financial provision (maintenance) for a spouse.
• Children Matters: Arrangements concerning any children of the family must be resolved, including issues of custody, care, control and access.

Parties are encouraged to reach agreement on these matters through negotiation or mediation. If agreement cannot be reached, the Court will make a decision after a hearing.

Stage 3: Finalising the Divorce

• Decree Nisi: The Court will grant a Decree Nisi, which is a provisional decree of divorce. It confirms the court is satisfied that the grounds for divorce have been met.
• 6-Week Wait: In case of any opposition or undealt matters, there is a mandatory waiting period of 6 weeks from the date the Decree Nisi is granted.
• Decree Absolute: After the 6 weeks have passed, the Petitioner can apply to the Court to make the Decree Nisi absolute. The Decree Absolute is the final legal order that formally ends the marriage.

Conclusion

The divorce process involves significant legal and financial considerations. Engaging an experienced family lawyer is vital to protect your interests, navigate the procedures effectively, and achieve a fair and sustainable outcome.

Disclaimer: This newsletter is for informational purposes only and does not constitute legal advice. You should consult a qualified legal professional for advice on your specific situation.