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I am separated do I have to get a divorce?

There is no legal requirement to end a marriage on separation. If one party makes an Application for Divorce however and provided that all other elements of the divorce are met, namely:

  • Jurisdiction
  • Separated over 12 months
  • Effective service of the Application
  • Proper arrangements made for the care of minor children;

then the Court will grant the divorce. It does not matter if one party is strongly against the grant of divorce.

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