You can apply for a divorce on your own without your former
spouse's consent, this is called a sole application for
divorce. You might need to do a sole application for divorce
if:
- Your former spouse does not want to get a divorce; or
- You are unable to locate your spouse.
So long as you can prove that your marriage has become
'irretrievably broken down', you can establish the grounds
for divorce.
In saying that, all partners have the right to know and be
informed about the divorce hearing. Accordingly, there are strict
deadlines when submitting court documents. Should your partner
oppose a divorce, they can file a response prior to the
hearing.
Your spouse is required to both receive, read and sign the sole
divorce application . This is done by way of a 'service of
documents'.
