The court will not grant the divorce if:

• One of the parties conducted him/herself in a way which encouraged the other spouse to commit the offence.
• The offended spouse encourages the action, agreed with the other spouse to commit the offence, or forgives him or her for the offence
• Note: the court will not grant a divorce where there is connivance, collusion and condonation.
• The purpose of this is to discourage people from agreeing to divorce over small issues and destroying the special institution of marriage.

This divorce applies to those who entered into civil and church marriage.

Before a couple can apply for divorce, they should have been married for at least three years except in situations which are so grave that the couple cannot continue to live together.

The application for divorce is made in the high court.

Separation is a situation where a husband and wife stay away from each other for a given period either because they have agreed or this is known as a separation by agreement or because the court has ordered the separation known as judicial separation.

• Separation only suspends certain rights of husband and wife but does not end the marriage.
• The husband and wife are still considered to be married and during the time of separation, none of them can marry another person.
• Separation cannot go beyond two years.