The legal framework
Divorce is governed by the Marriage Act 2014, which brought civil, Christian, customary, Hindu and Islamic marriages into one statute while keeping distinct dissolution rules for each. Matrimonial property is divided according to contribution, which the Matrimonial Property Act expressly defines to include domestic work and childcare.
Key points
| Ground | Depends on the type of marriage; cruelty, adultery, desertion and irretrievable breakdown feature |
|---|---|
| Three-year bar | Applies to civil marriages |
| Property | Divided by contribution, including non-monetary contribution |
| Customary marriages | Dissolved according to the relevant customary law, as recognised by the Act |
| Children | Children Act 2022 governs parental responsibility |
| Marriage Act 2014 | Grounds differ by the type of marriage contracted |
| Matrimonial Property Act 2013 | Division follows contribution, which includes non-monetary contribution |
In practice
- File in the High Court or family division with jurisdiction over your marriage type.
- Financial disclosure is essential: property outcomes turn on documented contributions.
- Where the marriage was customary or religious, check first whether it was registered — registration determines which court can dissolve it.
- Mediation and family counselling are available and often faster than contested litigation.
- Document non-monetary contribution: childcare and farm work count and must be evidenced.
- Register the marriage type correctly; the grounds available depend on it.
Cost and coverage
Court fees are moderate; legal aid and law school clinics assist those who cannot pay.
Recent changes
Across these jurisdictions the clearest trend is judicial recognition of non-financial contribution — domestic work and childcare — when dividing property.
Where to go
- High Court family division or equivalent.
- Legal aid schemes and university law clinics.
- Women's rights organisations, which often provide representation in property disputes.
Worth knowing
An unregistered customary or religious marriage can be very hard to dissolve, and even harder to found a property claim on. Registration is the step that converts a social fact into enforceable rights. Non-monetary contribution is expressly recognised in the 2013 Act. Courts require evidence of it, so keep a record of what you actually did.
Official sources and links
- eCitizen — official government services portal