In order to apply for and obtain a Divorce, the Court must be satisfied that the parties to the marriage have been separated for at least 12 months. In certain circumstances, a Divorce may still be granted if the parties have lived under the same roof for some of the period but considered themselves separated and were living separate lives. If there are children of the marriage under the age of 18, the Court must be satisfied that there are proper arrangements in place for the welfare of the children, prior to granting the Divorce.
An Application must be filed in the Federal Magistrates Court. When the Application is filed, it is given a hearing date. Provided the Court is satisfied as to the parties’ separation, the arrangements for the children and certain other administrative matters, the Divorce will be granted.
A Divorce is a separate proceeding to property settlement.