Do you have to move into separate accomodation before making an application for divorce?


The Court will need to establish that there has been a separation for a period of 12 months before it will grant a Divorce.

In some circumstances, the Court will grant a Divorce even when the husband and wife have been separated for 12 months but have remained living in the same house. The Court will grant the divorce if it is satisfied that the marriage has broken down on all levels. The absence of joint bank accounts, the absence of socialisation, the occupation of separate rooms and the absence of sexual relationship are some of the factors the Court will consider. Our solicitors can advise you in relation to the evidence. The Court will need to establish ground for divorce when there is separation is under one roof.

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