After a year of separation has elapsed, they can either jointly or separately formally apply to the Family Court to have the marriage dissolved. The Act lays down that if either party is in one of the following categories at date of filing the application, then either party can apply for a divorce. Preferably before the parties separate and certainly before they apply to the Court for a divorce, they should have settled matters between themselves. If the marriage partners are unable to agree among themselves about these matters, then the Court will decide matters for them. However, the parties would be very well advised to agree matters between themselves.
Court proceedings including lawyers' costs can be extremely expensive.
Children are not the property of either parent. However, in considering the welfare of the children, the mother often has an advantage. It is generally considered in the best interest of a young child that it should be with its mother. Also, a working father can rarely provide adequate care for a young family. Because of these reasons, custody of the children is often awarded to the mother.