Divorce

A divorce judgment is an order of the court which dissolves a marriage. 

There are three grounds for divorce – separation for 12 months, adultery or cruelty.  Most divorces are based upon separation for 12 months because it requires the least amount of evidence. 

Essentially, a couple can be separated, but not divorce, but they cannot be divorced but not separated.

In order to be separated, at least one spouse must believe that the marital relationship has ended, and must tell the other.  That date is called the date of separation and also called the date of valuation.  The couple may live in the same residence but still be separated.

A divorce may be obtained before or after all other issues including property division, support, custody,  have been finalized. 

 A divorce may be obtained with the consent of both parties, or not with the consent or co-operation of one party, provided there has been 12 month’s separation.

In order to obtain the divorce, the original marriage certificate must be provided to the court.  If the marriage certificate has been lost, irreparably defaced , torn up or destroyed, a further copy may be obtained for a small fee from the Registrar.