If you consider that your marriage has
broken down, you do not have to start divorce
proceedings unless you wish to - separation
from your spouse can be an alternative.
If you
and your spouse are agreed, a Separation
Deed or Agreement can be drawn up and
concluded between you. This is a contract
between the husband and wife which deals
with all aspects of the separation by
agreement.
Judicial Separation
Proceedings: This is a procedure very
similar to divorce except that, at the
conclusion, your marriage will not be
dissolved and you will not be free to
re-marry. To petition for a Decree of
Judicial Separation you must prove one
of the following five facts:
1.
Your spouse
has committed adultery and you find
it intolerable to live with them.
2.
Your spouse has behaved
in such a way that you cannot reasonably
be expected to live with them.
3.
Your spouse has deserted
you and you have lived apart for more
than two years.
4.
You have lived apart for
more than two years and your spouse
consents to the divorce.
5.
You have lived apart for
more than five years.
After
making a Judicial Separation Decree,
a Court has power to make Orders concerning
property and other financial matters.
Such proceedings can be used if, for
example, one partner has an objection
to divorce on religious grounds, if
the couple have not been married for
one year or if the couple wish merely
to separate and are unable to agree
financial arrangements.
Proceedings
before the Family Proceedings Court
(Magistrates): Applications can be made
to this Court for Orders for maintenance
or to resolve disputes concerning children
when parties have separated.
