Two broad routes
Where both spouses agree to separate and can settle connected issues, a petition by mutual consent is generally the shorter and less contentious route. Where there is no agreement, a contested petition is filed on grounds available under the applicable personal law and is decided after evidence.
Connected issues — maintenance, custody of children, and return of belongings — frequently run alongside the main petition and are best considered together rather than in isolation.
Documents commonly required
- Marriage proof, such as a marriage certificate or wedding documentation
- Identity and address proof of both parties
- Details of the period of cohabitation and of separation
- Details of children, if any
- Documents relating to income where maintenance is in issue
- Copies of any earlier proceedings between the parties
A word on expectations
No outcome or timeline can be guaranteed in a matrimonial proceeding. What can be done is to present the case accurately, keep the client informed of each date, and explore settlement wherever it serves the client's interest.
This page provides general information about legal procedure and does not constitute legal advice. No outcome is promised or guaranteed. Every matter turns on its own facts and on the law applicable at the relevant time.