When can I apply for a Divorce?

An Application for Divorce can be made to the Court once the parties to the marriage have been separated for at least 12 months.

We are still living in the same house – can we still get a divorce?

A Divorce Order can still be made if the parties have been separated but continued to live under the one roof, however there are additional requirements that must be met including the filing of affidavits setting out the circumstances of the separation under one roof.

What happens if we tried to get back together?

There must have been a total period of separation for at least 12 months before applying for a Divorce Order. If there has been a period of reconciliation after the initial separation the periods of separation either side of the reconciliation period can be added together, however the period of reconciliation cannot exceed 3 months.

We were married for less than 2 years – can we still get a divorce?

Yes, however there is a requirement for counselling prior to making an Application for Divorce. The requirement for 12 months separation still applies. 

What if I do not know how to contact my spouse?

If an Application for Divorce is made by only one spouse it must be served on the other party to the marriage. If you have lost contact with your former spouse, in some circumstances an application can be made for the Court to dispense with the requirement for service, meaning that you do not have to arrange service of the application on your spouse, or for substituted service on another person. Substituted service involves serving the application on a person who is known to be in contact with your spouse, such as a family member or friend.

When will I be legally divorced?

Once the Application for Divorce is filed with the Court it is listed for hearing. Provided that the Divorce Order is granted at the hearing the Divorce will become final one month and one day after the hearing date. Until that time you are still legally married and are unable to remarry until the Divorce Order becomes final.