Family Law - I wish to divorce but haven't told my husband. Can I still apply?
Date: February 22, 2011
Q. My husband and I have had marital problems for years, and I have now made the decision that I can no longer live with him. I wish to apply for a divorce, but he doesn't know - we aren't even separated. Can I apply?
A. No. To be granted a divorce, the parties must satisfy the Court that they have lived separately and apart for at least twelve months, and there are no reasonable likelihood of resuming marriage life. However, it is possible for you and your partner to be separated but live under the same roof during the 12 months before applying for divorce. If the later applies to your situation, you need to prove to the Court that you were separated during this time. Your solicitor will help you in drafting the required documents in relation to this.
