To grant a divorce the Court must be satisfied that the parties have been living separately and apart for a minimum of 12 months, and that there is no reasonable likelihood of the parties reconciling. Parties who have continued to live at the same property following separation can still satisfy this requirement, however may be required to produce additional evidence to do so.
In sole applications the Court must also be satisfied that the other party has been properly served with the required documents. This is where it pays to use an experienced and specialised family lawyer, as the intricacies of these requirements can be confusing and in our experience often ‘trip up’ lawyers who do not specialise in family law.
Where the parties apply together evidence of service is not required.
Speak to a divorce lawyer about which application best suits your unique personal circumstances.