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.

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.