If a marriage is broken down irretrievably then the spouses can either individually or jointly apply for a divorce. For a divorce to be granted a couple must be separated for a minimum period of 12 months.
If there are children under the age of 18 the arrangement that is made for them must be disclosed to the court. The court must be satisfied with arrangements such as time spent with both parents, child support, housing, education and health. All of these basic areas will impact upon the arrangements approved by the Court.
It usually takes approximately 3-4 months for a divorce to be finalised. If the separating parties are in their first year of marriage, special rules apply. The parties must attend relationship counselling before applying for a divorce.
Divorce marks the legal end of your marriage. However your divorce will not settle the parenting of your children, child support and the division of the property in your marriage. Where no agreement can be reached between you and your former spouse, these require separate court proceedings.
Divorced couples cannot remarry until their divorce becomes final which is usually one month and one day after the court date.
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