A couple may not petition for divorce within the first two years of the marriage (unlike in England and Wales where it is one year and in Scotland there is no such time limit).

Divorce cases are dealt with before a County Court or a High Court. In any divorce the petition is served on the other spouse and lodged with the County Court or High Court Office with the marriage certificate and a statement of arrangements for any children.

There must be a ground of divorce to justify irretrievable breakdown of the marriage as justified by one of the following five facts;

    Two years separation with the consent of the other spouse to divorce;

    Five years separation;

    Unreasonable behaviour;

    Adultery;

    Desertion;

If the divorce is undefended a decree nisi is granted, but this is not the actual divorce. After six weeks an application is made for decree absolute.

The courts have wide discretionary powers to make orders in respect of finance, maintenance and property adjustments.