You need to have been separated from your spouse for at least 12 months before applying for a divorce. The earliest you can sign and file the Application for Divorce is one year and one day after the date of your separation.

You can, however, live together as husband and wife for one period of up to three months after separating. If you separate from your spouse for a second time, you can use the time before and after living together as husband and wife to calculate the 12 month separation period. In other words, you can add two periods of separation together to get your 12 months up, provided that the time between the two periods (ie when you were together) is less than 3 months. To be clear - if you live together (as husband and wife) for more than 3 months you've got to start the count from scratch.

It is possible to live together in the same house and still show the court that you and your spouse were separated. This is called separation under the one roof. If this applies to your situation then you need to support you divorce application with an affidavit. Click here for details on preparing this affidavit.