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What does the court take into consideration before granting a divorce or when making a decision?

Where either or both parties to a marriage do not consent to the divorce or are not in agreement on certain or all issues of the divorce, hearing of the divorce petition will be held in the court to resolve the issues in your divorce. The court will inquire into the facts alleged as causing the breakdown of the marriage.

Both parties will provide relevant documentation and present witnesses or give evidence admissible in court to support their respective cases or applications.

Where both parties to the marriage have made partial agreements on certain issues, before or after the the presentation of the divorce petition, such agreements should be referred to the court to enable the court to express an opinion, should it think desirable to do so, as to the reasonableness of the agreements and to give such directions, if any, in the matter as it thinks fit.

In considering whether it would be reasonable and just to dissolve a marriage, the court will consider all the circumstances of the case including the conduct of both parties and how the interests of any child or children of the marriage or of either party will be affected, if the divorce is granted. Interests of the child will be given the highest priority when deciding custody issues.

The judge of the court will also have regard to the question whether there is a reasonable probability of a reconciliation between both parties.

If both parties are unable to reach an agreement on issues such as division of matrimonial assets or spousal maintenance, the matter will be set for a hearing.

The court may make a decree nisi subject to such terms and conditions as it thinks necessary to attach. However, should it appear to the court that in all the circumstances it would be wrong to dissolve the marriage it will dismiss the divorce petition.

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Knowledge Base ID :   1049
Last Reviewed :   January 18, 2014
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