Divorce

To issue divorce proceedings the parties to the marriage must:-

  1. Have been married for a period of at least 1 year;
  2. Demonstrate to the Court that the marriage has irretrievably broken down.

This is proved utilising one of the following five facts summarised as follows:-

  1. Adultery
  2. Unreasonable behaviour
  3. Desertion
  4. That the parties have been living separate and apart for a period of two years (the other party must consent)
  5. That the parties have been separated for a period of five years

If there are children involved the divorce petition is accompanied by a statement of arrangements for children form setting out the future arrangements for the children as within the divorce proceedings the Court has to consider those future arrangements and issue a Certificate of Satisfaction.

To issue the proceedings the divorce petition together with the accompanying documentation is lodged with the Court. Thereafter the documents are served on the other party (“the Respondent”) to include an Acknowledgement of Service form. This form has to be completed by the Respondent giving him/her the opportunity to respond. The document is thereafter returned to the Court. Once returned provided that the proceedings are uncontested i.e. not opposed the person who has issued the proceedings (the Petitioner) can apply to the Court for the pronouncement of the Court for the pronouncement of the Decree Nisi which is the penultimate stage of the divorce proceedings. The Court will set a date for the pronouncement of the Decree Nisi. On this date the Court will grant the Decree Nisi if satisfied that the Petitioner has proved their case. If the proceedings are uncontested then neither the parties or their legal representatives need to attend Court. Once the Decree Nisi has been pronounced the Petitioner can apply for the Decree Absolute (which is the final stage of the divorce proceedings) after a period of 6 weeks and 1 day has elapsed. The Respondent can apply 3 months after the date upon which the Petitioner could have applied.

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