Divorce proceedings can be issued by either party once you have been married for over a year. Divorce proceedings themselves are usually straightforward and take approximately six months to go from issuing the petition to reaching the stage whereby you can apply for decree absolute. However, before applying for decree absolute we advise that you settle finances and that the settlement is incorporated into a Court Order.
Under the current law there is only one ground for divorce, which is that the marriage has irretrievably broken down. This needs to be established by relying on one or more of five fault-based facts, which are:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years continuous separation by consent of both parties
- Five years continuous separation (no consent of the other party is required)
In order to commence divorce proceedings we require your original marriage certificate, which will accompany the divorce petition when filed at the Court. If you cannot locate your marriage certificate a further certified copy can be obtained from the registry.