The grounds for divorce are that the marriage has broken down beyond repair and the parties have separated and have lived separately and apart for a continuous period of 12 months and one day immediately before the date of filing documents to the court.
For Family Law purposes, separation does not necessarily mean that parties must be physically separated. Married couples can still live under the same roof as long as they can demonstrate certain facts to the court about the separation.
If the marriage is less than two years in duration, couples must attend mandatory couselling before being able to apply for a divorce.
We can provide additional, more specialised advice on all of the above when you contact our offices.