We handle a wide range of single divorce petitions, particularly when the divorce couples are unable to reach a consensus on the divorce. One of them can file a single petition without consent of the other party. Single petition is slightly more expensive, complicated, and time-consuming than joint petitions due to its one-sided nature.
The parties are required to initiate reconciliation proceedings by making an application to the Tribunal of Reconciliation of Marriage at the National Registration Department. A certificate will be issued if reconciliation fails. Dispensation of the reconciliation proceedings is applicable in certain cases, and can be filed by way of an Originating Summons.
The petitioner then files a single petition, and demonstrates that the marriage has irretrievably broken down by showing, i.e. adultery; the behavior is so unreasonable hence the petitioner cannot be expected to live with that party; the other party has deserted the petitioner for a continuous period of at least 2 years before the petition is presented in court; both parties have not lived together for 2 years.
The court will consider the petition, fix hearing dates, and make an order on matters relating to custody, maintenance, alimony, division of matrimonial property, access, etc.
Areas of Practice
Family Law