A marriage can be legally ended through divorce where it has broken down permanently. Divorce must be granted by the Court and follows a set legal process.
Grounds for divorce
You can apply for a divorce only if the marriage has irretrievably broken down. This means the relationship cannot be repaired.
The breakdown is established by a declaration from:
- one party, or
- both parties jointly
No other grounds are required.
Who can apply
An application for divorce can be made by:
- one spouse, or
- both spouses together
You cannot apply for divorce within one year of the marriage being registered.
How to apply
To apply for a divorce:
- prepare a declaration that the marriage has irretrievably broken down
- submit an application to the Court, either alone or jointly
- provide any information required by the Court
The Court will consider the application and decide whether the legal requirements are met.
Service
When a divorce is granted
The Court must grant a divorce where the legal requirements are satisfied.
The divorce takes effect from the date specified by the Court.
What happens after divorce
Once the divorce takes effect:
- the marriage is legally dissolved
- both parties are free to marry again
Related processes
A marriage may also be declared invalid in some situations. For more information, see ‘Getting married in Hokoria’.
Additional information
- Divorce is granted by the Court
- Applications cannot be made within the first year of marriage