The court first gives a separation order for a period of 6 months (decree nisi). This is a cooling period intended to give the couple a chance to redeem the marriage or determine that they have completely lost interest in the marriage

If the parties have failed to redeem the marriage, the court makes a final order (decree absolute). This permanently ends the marriage.

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.

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.