Divorce
To make an application for divorce you and your spouse must have been separated for a continuous period of 12 months. It is possible to be separated whilst living under the same roof. If this is the case we can prepare an Affidavit for you to provide to the Court to show that although you were living in the same property you were in fact separated. If you and your spouse reconciled following separation but this was for a period of less than three months, you can use the prior separation period as part of the total 12 months separation.
You do not need the consent of your spouse to make an application for divorce. However if you choose to make the application jointly it may take less time to process as there will not be the need to go through the process of having the documents served on your spouse.
If there are children of the marriage you must show the Court that satisfactory arrangements have been made for the children which we can assist you with. Where there are children under 18 the Court requires that you attend at the Divorce hearing, however we will arrange appropriate representation in Court for you.
If the marriage was less than two years in duration there is a requirement that the parties consider reconciliation by seeing an approved counsellor. Once you obtain a certificate stating that with the counsellor's assistance you considered reconciliation your divorce application can be filed.
Once your divorce is granted by the Court you will have 12 months to finalise a division of your matrimonial property without the need to apply for an exemption.
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