A spouse can claim divorce on the ground that the marriage has broken down due to living separate and apart for more than a year with the intention that the relationship is over, or cruelty or adultery of the other spouse.
When parties agree on the divorce and other related issues such as parenting, support and division of matrimonial property, the divorce is uncontested, and the parties may file a desk divorce application.
If parties disagree on one or more of these issues, the divorce application is contested. Parenting and decision-making for the children When parents separate, arrangements must be made for the caregiving of the children. Parenting is one of the most sensitive and litigated issues in family law matters.