Women’s Charter 1961 · 2020 Revised Edition · Part 10
94. Restriction on filing of originating application for divorce during first 3 years of marriage
Feedback & supportIn plain English
A divorce application cannot be filed until 3 years have passed since the marriage. The court can allow earlier filing for exceptional hardship to the applicant or exceptional depravity by the respondent. In deciding, the court considers any child's interests and whether the parties are likely to reconcile. An application may still rely on events from the first 3 years.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Last amended by an amending law of 2023. 4 amendments in all.
No originating application for divorce is to be filed in the court unless at the date of the filing of the originating application 3 years have passed since the date of the marriage.
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.
The court may, upon application being made in accordance with the Family Justice Rules, allow an originating application to be filed before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the applicant or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the proceedings that the applicant obtained permission to file the originating application by any misrepresentation or concealment of the nature of the case, the court may —
applicant
“applicant” means a person who makes a maintenance enforcement application;
if it grants an interim judgment, do so subject to the condition that no application to make the judgment final may be made until after the expiration of 3 years from the date of the marriage; or
dismiss the proceedings without prejudice to any proceedings which may be brought after the expiration of the said 3 years upon the same, or substantially the same, facts as those proved in support of the proceedings so dismissed.
In determining any application under this section for permission to file an originating application before the expiration of 3 years from the date of the marriage, the court is to have regard to the interest of any child of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said 3 years.
child of the marriage
“child of the marriage” means any child of the husband and wife, and includes any adopted child and any other child (whether or not a child of the husband or of the wife) who was a member of the family of the husband and wife at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and for the purposes of this definition, the parties to a purported marriage that is void are deemed to be husband and wife;
The court may, before determining an application under this section, refer the differences between the parties to a conciliation officer so that a reconciliation between the parties might be effected.
conciliation officer
“conciliation officer” means a conciliation officer appointed under section 139C(1);
Nothing in this section is deemed to prohibit the filing of an originating application based upon matters which have occurred before the expiration of 3 years from the date of the marriage.