Family
Matrimonial Causes Act with maintenance in the Magistrate's Court
Divorce proceeds under the Matrimonial Causes Act on the ground of irretrievable breakdown, usually established by separation, adultery or unreasonable behaviour. The Status of Children Act removed the disabilities of children born outside marriage, and the Child Protection Act governs care proceedings. Maintenance and protection orders are obtained in the Magistrate's Court.
Key rules
- Jurisdiction — High Court for divorce; Magistrate's Court for maintenance and protection
- Deadline — Divorce: petition after the separation period or on proof of another ground
- Deadline — Protection order: ex parte relief available in urgent cases
- Deadline — Maintenance arrears: enforceable by attachment or committal
Governing law
- Matrimonial Causes Act
- Status of Children Act
- Child Protection Act
- Domestic Violence Act
In practice
Property division follows beneficial ownership and contribution rather than a wide statutory redistribution power, so the court asks who paid for what rather than what would be fair overall, and a non-earning spouse must plead indirect contribution carefully. Consensual unions are widespread and do not create matrimonial property rights, which regularly leaves a long-term partner without a claim on separation.