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Grounds for a divorce

You must have been married for at least one year before you can divorce and you must satisfy the court that there has been an irretrievable breakdown of your marriage.

If you start divorce proceedings, you will be “the Petitioner” and your spouse will be “the Respondent”. If you are the Petitioner, you must prove one of the following facts to the Court’s satisfaction:

(a) The Respondent has committed adultery and you find it intolerable to live with him/her.

(b) The Respondent has behaved in such a way that you cannot reasonably be expected to live with him/her.

(c) The Respondent has deserted you for a continuous period of at least two years immediately before you apply for a divorce.

(d) You have lived apart for a continuous period of at least two years immediately before you apply for a divorce and your spouse consents to the divorce.

(e) You have lived apart for a continuous period of at least five years immediately before you apply for a divorce.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.