The legal framework
Divorce is governed by the Matrimonial Proceedings and Property Act, under which the ground is irretrievable breakdown proved by specified facts. Cohabitants of five years, or two years with a cohabitation agreement, may apply for property adjustment under the Cohabitational Relationships Act.
Key points
| Ground | Irretrievable breakdown, proved by adultery, unreasonable behaviour, desertion or separation |
|---|---|
| One-year bar | No petition within the first year of marriage |
| Property | Adjustment orders available, considering contributions |
| Cohabitants | Covered by the Cohabitational Relationships Act after five years |
| Maintenance | Available for spouses and children |
| Facts | Adultery, unreasonable behaviour, desertion, or separation |
| Cohabitational Relationships Act | Gives property rights after five years of cohabitation |
| Two-year limit | Cohabitants must apply within two years of separation |
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.
- Cohabitants should apply within two years of separation — the limit is short and strictly applied.
- Full disclosure of assets is required; non-disclosure can reopen an order.
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. The two-year deadline for cohabitants is far shorter than most people expect and is the most common reason such claims fail.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database