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Divorce and Separation

The divorce procedure itself takes about 4 to 5 months from when you issue your petition.

If you are going to use the adultery or the unreasonable behaviour of your husband or wife as the fact that proves irretrievable breakdown, you can issue your petition straight away.

If you are going to use desertion, or separation with the other sides consent, you will have to wait until 2 years has passed since the date you last lived together, before you can issue your petition.

If you have been trying to reconcile for a period of time up to 6 months (or several periods of time which add up to less than 6 months) you can still use the original date of desertion or separation as the beginning of your two year period. However if the attempted reconciliation lasts longer than 6 months you have to start counting your 2 years again before you can issue your petition.

If you have no other reason available to you except separation, and the other side does not consent, you must wait for 5 years before you issue the petition.

Downloadable resource: 20 Common Misconceptions about Family Breakdown