My marriage is under 3 years, can I divorce?

If you have been married for less than three years, and want to apply for a divorce, you must get the Court’s permission to make your divorce application, called leave of Court.

Leave of Court will be given if you can prove that:-

  • you have suffered exceptional hardship during your marriage, or
  • your spouse has behaved with exceptional depravity, meaning that he or she
    has behaved unusually badly

The Court will consider whether it is still possible for you and your spouse to reconcile. The Court will also consider the interests of your children, if there are any.

You must apply for leave of Court by Originating Summons. The Originating Summons must be supported by an affidavit.