Divorce is the process of terminating a marriage. After 12 months of separation, your separation lawyer can assist you to make either a sole application or a joint application for divorce. If you are making a sole application that is, applying on your own, your separation lawyer will be required to serve the application on the other party and must attend your divorce hearing if you have children under the age of 18 years. If you are making a joint application with your former partner, you will not be required to attend the divorce hearing.
Grounds for Divorce
The only ground for getting a divorce is that the marriage has broken down irretrievably. This is demonstrated if the parties have lived separately and apart for a continuous period of 12 months. Separation does not require that the parties live physically apart, they may well be living separately but under the same roof. Rather, separation is demonstrated when one party forms an intention to sever the relationship and to act on that intention. Alternatively, separation is proven if one party has acted as if the relationship has been severed.