Divorce

The one ground for divorce is that the marriage has broken down irretrievably. To prove this there must be one of five possible facts including unreasonable behaviour, adultery and a period of at least two years separation.

A divorce petition is filed with the Court by a petitioner and served on the other spouse who then has the opportunity to respond. If the petition is not contested, the petitioner then applies for the Decree Nisi (half way stage) to be pronounced by the Court. The Court will grant the Decree Nisi if satisfied that the petitioner has proved their case. Six weeks and one day after the Decree Nisi has been pronounced, the petitioner can apply for the Decree Absolute, which is the final Decree. If the petitioner does not wish to apply at that stage, the first date upon which the other spouse can apply is three months later.

Judicial Separation

This involves a court procedure which is virtually identical to a divorce but at the end of the proceedings the court pronounces a Decree of Judicial Separation and therefore the spouses remain married.

Separation Agreement

In order to resolve financial matters following a separation, it is possible to enter into a contract. Commonly, such agreements deal with maintenance and property. It is important to bear in mind that in any subsequent divorce proceedings the court will not be bound by the financial arrangements contained in such an agreement.