You can attend to a divorce when your marriage has irretrievably broken down, meaning there is no chance of you getting back together. To apply for divorce you must have separated for more that 12 months in total. You can be separated from your partner but live in the same house. This is called being “separated under the one roof” and will satisfy the Court’s requirement to be separated for more than 12 months.
If you were married for less than 2 years and want a divorce then you must attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse or seek permission of the Court to apply for a divorce.
Can I do my own Divorce Application?
As there is a considerable filing fee with the Court and the Court website provides guidance for attending to your divorce application yourself. We suggest that you click here to find out more about do it yourself divorce kits.
Do I have to attend Court?
If you are making a sole application for divorce and there is a child of the marriage under 18 then the Court will require you to attend at the Divorce Hearing to discuss the care of the child or children.
When is my divorce final?
Your divorce is final 1 month after the Court has provided you with your Certificate of Divorce.
You have 12 months to use the Court’s facilities to divide your property with your ex-partner after your divorce.