In our previous blog, Divorce: What you need to know?, we explored the requirements of a general Divorce Order.
In a nutshell, an application for divorce will generally be successful if the party/ parties satisfy the Court that:
1. They have been married for longer than 2 years;
2. They have been separated for 12 months; and
3. The marriage is broken down irretrievably and there is no reasonable likelihood of cohabitation being resumed.
Requirements for Divorce will differ where the marriage is less than two years long.
Where the marriage has lasted less than two years, an application for divorce cannot normally be filed unless the applicant also files a certificate to the effect that the parties have received counselling.
By section 44(1B), an application for a divorce order shall not, without the leave of the Court, be filed within the period of two years after the date of the marriage unless there is filed with the application a certificate to the effect that prior to the filing of the application, the parties have considered reconciliation with a “family counsellor” or a person nominated by a family counsellor. The certificate must be signed by that person.
The terms of this section are mandatory.
If the court, however, is satisfied that there are “special circumstances” as is listed in s44(1C), for a hearing of an application for a divorce order should proceed notwithstanding that the parties have not considered reconciliation then the Court may give leave for the application to be filed
Senior Solicitor and Partner