Dissolution of marriage i.e. divorce is either agreed on by both spouses of the broken marriage or not. However, one of the spouses can still go ahead to file for an application of divorce. If both spouses do not agree to a divorce, the spouse who refuses to agree to the divorce can go to court to defend the petition for not wanting to accept the applicants request for divorce by stating the reasons for the refusal of the divorce application. The refusing spouse must therefore file a request for an appearance or file for a defense within 21 days with a copy of the divorce application. The court of Manawatu-Wanganui will only refuse to grant an application for divorce solely on the grounds of ineligibility to file an application for divorce. The court will not refuse an application for divorce on the grounds that the refusing spouse does not wish to have a broken home or has the belief that the marriage can still be revived. Therefore the spouse refusing the application of divorce has to prove that the applicant is ineligible to file for an application for divorce and the way the refusing spouse can prove to the court that the applicant is ineligible is to show that, the applicant and the refusing spouse have not been separated for at least 2 years. If the refusing spouse can prove to the court that they have not been separated for at least 2 years, the court will strike out the application for divorce. For a spouse who intends to defend the refusal to accept an application of divorce of the other spouse should visit Divorcenz.com for more information and for legal assistance.
If the refusing spouse however fails to prove to the courts satisfaction the reason why the application for divorce should be cancelled, the court will proceed with the hearing of the divorce case. Before the divorce is granted by the court, the application for divorce will be checked to affirm that the divorce papers are in accordance with the laws of dissolution of marriage. If there are any errors in the application, the hearing of the case will be delayed and hearing will not continue until the errors have been rectified. Once the application is rectified, the court will grant the application for divorce and immediately, the marriage between both spouses is officially brought to an end.
