5. Divorce & Separation

Question 1

What is required for divorce?

Answer 1

Jurisdiction

• Spouse domiciled
• 90 days to 6 months

Financial issues
- Courts must have PJ over BOTH parties

Question 2

What are the grounds and defences for divorce?

Answer 2

No-fault divorce
- Irretrievably broken marriage
- Separation for X period
UNLESS
- Denial of such

Fault divorce
- Adultery
- Mental illness
- Drug addiction
- Physical/mental cruelty
UNLESS 
- Collusion (BOTH consent)
- Connivance (One consent)
- Condonation (One forgive)
- Recrimination (Both guilty)

Question 3

What are the legal effects of separation?

Answer 3

Valid marriage
Determination
- Property
- Child support
- Child custody
- Spousal support