Divorce

The earliest you can apply for a divorce is 12 months and 1 day from the date you separated from your former partner. However, there are some exceptions that you should also be aware of. 

Firstly, the law allows for separated couples to try to save their relationship once, for a period of up to three months. So, if you reconciled for a period of time during the separation, then the separation period is paused while you are back together. 

As an example, let’s say that you got back together with your partner for 6 weeks, but the attempt at reconciliation failed. That 6 weeks is added on to the separation period, and you are eligible to apply for a divorce 12 months, 6 weeks, and 1 day from the date you first separated. 

However, if you attempt reconciliation more than once, or for longer than 3 months, the separation period starts over again, and you’ll need to wait a further 12 months and 1 day from when you last broke off the relationship before you can apply for a divorce.

Secondly, if you were married for less than two years you will be required to attend counselling before you can apply for divorce, except in special circumstances. In all cases, we will advise you of the exact dates and timelines that apply. 

How much does it cost? 

The formal divorce is a simple legal process involving a form that is filed with the Court. The Court filing fee for a divorce application is published on the Court website. Most people can apply for divorce themselves and may only need the help of a lawyer for the preparation of the documents, or if there are additional factors that complicate the application.