As a major decision with significant legal processes involved, couples must meet certain criteria in order to register for divorce. In essence, one spouse or both have to be able to establish an irretrievable breakdown of the marriage.
This can be established on the basis of:
- Your spouse’s unreasonable behaviour;
- Your spouse committing adultery;
- One year’s non-cohabitation with consent to divorce; or
- Two years non cohabitation without consent
The court can grant a divorce in the event that both parties have been separated for a year and if the divorce is consensual. If one spouse objects to the divorce you may still be able to apply for divorce without consent. Even in the event that you and your partner have reconciled for a brief period, divorce may still be granted, as long as the period you were together again was not more than 6 months. Our family lawyers can provide specific advise if you are in this situation.
There are other Divorce may also be granted on the basis that one partner has undergone gender reassignment surgery. In this case, an application can be made for a gender reassignment certificate.
It is extremely important to know that once divorced you are unable to retrospectively make claims in relation to matrimonial assets and liabilities.