Voice

There is only one ground for a divorce, namely, that the marriage has broken down irretrievably. Proceedings for divorce shall be instituted either by a petition for divorce or by an application for divorce.

A petition for divorce can only normally be presented to the court by either party 1 year after the date of marriage. The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the Petitioner satisfies the court of one or more of the following facts.

(1) the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent. A single act of adultery may suffice;
(2) the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent. Usually it is the accumulation of misconduct or behaviour. But sometimes a single incident of misconduct which is grave is enough;
(3) the Respondent has deserted the Petitioner for continuous period of at least 1 year immediately preceding the presentation of the petition;
(4) the parties have lived apart for a continuous period of at least 1 year immediately preceding the presentation of the petition and the Respondent consents to a decree's being granted. Consent means positive consent and not just no objection; and
(5) the parties have lived apart for a continuous period of 2 years immediately preceding the presentation of the petition.

An application for divorce shall be made to the court jointly by both parties to the marriage. The court hearing an application for divorce shall not hold the marriage to have broken down irretrievably unless it is satisfied as regards either or both of the following facts: -

(1) the parties have lived apart for a continuous period of at least 1 year immediately preceding the making of the application; and
(2) not less than 1 year prior to the making of the application a notice signed by each of the parties was given to the court and that the notice was not subsequently withdrawn; and

The written notice of their intention to apply to the court to dissolve their marriage may be given by the parties to the court at any time and in the prescribed form. Please refer to the divorce registry for the forms.

The law also encourages reconciliation between the parties before divorce. So if the parties have after separation, lived together again for 6 months or more, they would be taken to have reconciled and cannot rely on the previous separation to support their divorce petition.

When the court is satisfied that the marriage has broken down irretrievably, a decree nisi of dissolution of marriage will be granted, and if there is no children or the court is satisfied with the arrangement and the welfare of the children, the decree nisi may be make absolute 6 weeks later. From then on, the parties are formally divorced and are no longer husband and wife.

Date of amendment: 1st December 1995