Section 12: Judicial separation
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
12. Judicial separation
(1) A petitioner who has been granted a decree of judicial separation may
at any time apply to the Court for the conversion of the decree into a decree
of divorce.
(2) The respondent to a decree of judicial separation may, not earlier than
2 years after the date of the decree, apply to the Court for the conversion of
the decree into a decree of divorce.
D17 – 5 [Issue 3]
Divorce and Judicial Separation Act
(3) The Court shall, upon an application being made under subsection (1)
or (2), grant the application unless good cause is shown against the grant of
the application.
[S. 12 amended by s. 3 (i) of Act 2 of 2011 w.e.f. 15 May 2011.]
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Questions this section answers
- Can I convert a judicial separation into a divorce?
- How many years must pass before the respondent can convert a judicial separation into a divorce?