Separation - You and your spouse must have lived apart for one year before applying for divorce. The divorce application can only be sworn the day after the anniversary of the 12 months separation.
Parties are separated when they stop living as husband and wife. This can happen when one party moves out of the former matrimonial home or the parties can be separated under the one roof provided certain requirements are met and you can establish to the Court that you both live separate lives.
Divorce Procedure - It is compulsory to attend counselling to show that you have considered
reconciliation in cases where the marriage lasted less than two years. There are two ways to apply for the divorce: Sole Application: Either the husband or wife, known as the Applicant, can apply for the divorce then serve the divorce petition on the other spouse. Joint Application: Alternatively a joint application can be submitted. If both parties are cooperative, this is the best and simplest way to obtain a divorce.
Finances and Children – The Court encourages couples to try to
reach an amicable agreement regarding finances and arrangements for the children. This agreement can be made legally binding by registering it with Court in the form of a Consent Order without having to actually attend Court.
Property: There is no presumption that each spouse will receive 50% of the property. All contributions of each partner, both financial and non-financial, are taken into account. Children: Where there are children under the age of 18 years, the court will not approve the divorce until it is satisfied that proper arrangements have been made for their care, welfare and development.
Latest Blog Comments
Vastra1 said: 'Great news HKHD! Wow you have come a long way from the early days. Great to hear you are doing so well.
Almost 4 years on, II too am strange ... Read more...
RockSteady said: 'hi, yes. others have said it so i dont have much more to add on the: you need to put some boundaries in place topic. imagibe if you could do 5 ... Read more...