Welcome to part 4 of our Bitesize Divorce Blog: Jargon Buster.
If you are facing divorce we hope our bitesize blog will help you get to grips with some of the legal jargon and in turn help you understand better the legal process you are going through.
Here we explain, in plain language, the kind of terms you may come across during the process of divorce.
FIVE YEARS SEPARATION
If the spouses have been separated for five years, either spouse can ask the Court for a divorce without the need to obtain the other spouse’s consent. The spouses must not have reconciled during the five year period and if they have moved out of their matrimonial home, they must not have resumed cohabitation during this period.
It is a common myth that parties become automatically divorced after five years. This is not true. One spouse is still required to lodge proceedings with the Court to obtain the Decree Nisi and Decree Absolute.