Family Law – Divorce
What is a divorce?
A decree of divorce dissolves the marriage between two parties.
Once a divorce is granted, the parties can re-marry if they so wish.
A decree of divorce also terminates certain rights of the parties to include succession rights, which means that the former spouse no longer has an automatic entitlement to inherit from their former spouse.
Am I entitled to a divorce?
Pursuant to The Family Law Act 2019, in order to be eligible to apply for a divorce, you and your spouse must have lived apart from one another for at least two out of the previous three years before you can apply.
The Family Law Act 2019 also clarifies the position in respect of living apart and provides that couples who live in the same house as one another but are not living together as a couple in an intimate and committed relationship, can also be deemed to be living apart for the purpose of applying for a divorce.
The Family Law Act 2019 also provides that a relationship does not stop being intimate just because a relationship is not sexual in nature.
A court must grant a divorce and an application to court must be made if either party to the marriage intends to seek a divorce.
When the court grants a divorce, it also has the power to make ancillary orders with regard to the issues of the marriage to include what happens to the family home, maintenance, pensions, succession rights, access, custody and guardianship, etc.
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