Women’s Charter 1961 · 2020 Revised Edition · Part 10
102. Judicial separation no bar to originating application for divorce
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A person is not prevented from filing an originating application for divorce, or the court from pronouncing a judgment of divorce, by reason only that the applicant or respondent has at any time been granted a judicial separation upon the same or substantially the same facts as those proved in support of the originating application for divorce.
originating application
“originating application” means an originating application for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be.
On any such originating application for divorce, the court may treat the judgment of judicial separation as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court must not grant a judgment of divorce without receiving evidence from the applicant.
judgment of judicial separation
“judgment of judicial separation” includes a decree of judicial separation granted in proceedings for judicial separation commenced before 1 April 2006;
For the purposes of any such originating application for divorce, a period of desertion immediately preceding the institution of proceedings for a judgment of judicial separation is, if the parties have not resumed cohabitation and the judgment has been continuously in force since it was granted, deemed immediately to precede the filing of the originating application for divorce.