Divorce

Either party to a marriage can apply for a divorce order in the Family Court provided there has been a 12 month period of separation. Separation can occur when parties are no longer living together or have separated but remain living together under the same roof. The Court must be satisfied there are adequate arrangements in place for the care of any children under the age of 18 years before making an order. Once an order is made, there is a limitation period of 12 months to initiate proceedings for property matters. Divorce also invalidates any Will, unless the Will specifically provides otherwise.