Divorce / Dissolution of Civil Partnership

To obtain a divorce, the petitioner (person filing the divorce) must demonstrate that the marriage has 'irretrievably broken down'.

There are five grounds on which a divorce can be granted. They are:

1. adultery by your husband or wife;
2. unreasonable behaviour by your husband or wife (any behaviour that means you find it impossible to live with them);
3. desertion for a period of at least two years;
4. two years' separation, if you both agree to the divorce; and
5. five years' separation, if there is no agreement to the divorce.

Stages on how your divorce will proceed:

Stage 1: The divorce action begins by the petitioner filing the divorce in a county court.

Stage 2: Once the divorce is filed, the petition must be served on the husband or wife (“respondent”).

Stage 3: The divorce is served by the court posting a copy of the petition to the husband or wife. The respondent has eight days to acknowledge receipt of the petition. Should the respondent not acknowledge receipt then the court may get a bailiff to serve the petition.

Stage 4: Upon receiving the acknowledgment, the petitioner files an affidavit.

Stage 5: In the next stage of the divorce, the District Judge, after reviewing the petition, willset a date on which it will issue a Decree Nisi.

Stage 6 & final stage of the divorce is called the Decree Absolute. The petitioner can apply for the Decree Absolute six weeks and one day after the Decree Nisi. The respondent can apply for the Decree Absolute three months after the time.

If you don't apply for the Decree Absolute, then your husband or wife as the respondent can apply for it, but only after a further three months have passed. When you receive the Decree Absolute, you are no longer married and are free to re-marry.