A person seeking the Divorce is the Petitioner while the person from whom a divorce is sought is the Respondent. For a divorce to be granted, the following steps should be followed:

1. Petition: The petition is the first documents filed in Court and outlines the grounds for the divorce. Once the petitioned is filed, it is served upon the Respondent who then files a defense.
2. Hearing: At the hearing, both parties give their testimonies orally – they may then be cross-examined by the other party. After the hearing, parties may file their submissions and a judgement date set.
3. Decree Nisi: This is a temporary order that shows the grounds for divorce have been established and allows any of the parties time to give reason why the marriage should not be dissolved in finality. Once the duration for the Decree Nisi lapses, a Decree Absolute is issued.
4. Decree Absolute: The Decree Absolute is the last stage of a divorce process and it means the marriage has been dissolved. Its affect is that the parties are free to remarry and that laws relating to a married couple no longer bind them from the day of the decree onwards.

The other issues that might be determined during divorce proceedings are:
a) The custody and maintenance of the children of the marriage;
b) Maintenance of ones spouse by the other;
c) Division of the matrimonial property; and
d) The costs of the case.

Contact our experienced team for further information.