The Conditions in Same-Sex Divorce

In same-sex divorce, there are remarkable conditions that the couple must prove before the court. These are usually the following:

• A long term and permanent separation of the divorcing couple
• Both parties must first be declared separated for a minimum of 12 months before an application can be filed
• The required separation period must be 12 months
• The divorcing couples need not live separately to be considered ‘separated
• The parties need to prove that there exist a malfunctioning relationship between them
• The moment the 12-month period has been satisfied, the actual decree of separation may be issued

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