A divorce application can only be filed once a married couple have been separated for 12 months.
This is regarded as a sufficient amount of time to demonstrate the likelihood of the couple not reconciling. Although living apart typically denotes that a couple has separate residences, it is possible to be ‘separated under one roof’.
It is important to be aware that couples who have been married for less than two years are legally required to attend counselling before they are able to file for divorce. However, in some instances, such as whether there has been domestic violence, this requirement may not be applicable.
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