Family
Divorce Act with a two-year separation ground
Divorce is governed by the Divorce Act, which requires proof of breakdown, most commonly by two years of separation, or by adultery or cruelty. The Children Act and the Status of Children Act govern parental responsibility and remove the legal disabilities of children born outside marriage. Maintenance is enforced through the Magistrate's Court, which can attach earnings.
Key rules
- Jurisdiction — High Court for divorce; Magistrate's Court for maintenance and protection
- Deadline — Divorce on separation: two years of living apart
- Deadline — Protection order under the Domestic Violence Act: ex parte order available same day in urgent cases
- Deadline — Maintenance arrears: enforceable by committal or attachment of earnings
Governing law
- Divorce Act
- Status of Children Act
- Maintenance Act
- Domestic Violence Act
In practice
Property adjustment on divorce is less codified than in England, and the court works from beneficial ownership and contribution rather than a broad statutory redistribution power, so recording contributions to the acquisition of the family home matters more than it would under English law. Consensual unions are common and do not attract the property consequences of marriage, which is a frequent source of hardship on separation.