Can you be living under one roof, and still be separated?

YES!

This is a common scenario in which parties are separated but want to care for their children jointly until their living arrangements are finalized.

It could also happen in instances where one spouse/partner does not have the needed financial capacity to move into an alternative accommodation.

Evidence of a legitimate separation is required in proving that you have been separated for 12 months although you live in the same residence.

?Sole or Joint Divorce?

You can apply together (a ‘joint application’) or as an individual (a ‘sole application'). Whether you must appear in court depends on whether the application is joint or sole, as well as whether you have minor children.

Sole Application

• A sole application is one filed only by you (one of the spouses)
• Each party will typically have their own lawyer.
• An Application for Divorce must be served on the other person.

Joint Application

• Joint application is one made by one party on behalf of both the parties to the marriage.
• Both parties will typically use one lawyer.
• ?It is not necessary to serve any documents onto the other party or wait for them to file a response.

When an application is filed, a hearing date is assigned to it. This is the date on which the Court will decide if all the relevant evidence have been presented and, if so, grant the divorce.

?Timeframes

In most situations, the divorce order takes effect one month and one day after it is granted. The court may not issue an order at the initial hearing, and you may be required to provide additional information.

?Obtaining the Proof of your divorce and remarrying.

• The said order will be proof of your divorce and will allow you to remarry at your discretion. Once a divorce order has taken effect, a party to the marriage can remarry.?
• Once the divorce is granted, you will receive a soft copy of the order one month and one day after the date of grant. Please note that the courts do not provide hard copies of the divorce order.

You will not be able to remarry until your divorce is finalized. Make sure your next wedding date is not too close to when your divorce order is anticipated to become official. If there is a delay, you would not be able to go ahead with the wedding until the issue is resolved and the divorce is granted.

For further guidance on how to apply contact us at MJ Legal, we are here to assist you.