Divorce & Separation

What are the grounds for Divorce?

Obtaining a divorce requires one party to be able to show that the marriage has broken down irretrievably. This must be proven by one or more of five facts:

      a. Adultery – you can obtain a divorce immediately providing you can prove adultery. The adultery does not need to be the cause of the breakdown of the marriage. You do, however, need to be able to prove adultery and it is not sufficient simply to know that your spouse is in another relationship and to suspect that adultery has taken place. It is best to ensure in advance that your spouse will agree that they have committed adultery.

      b. Unreasonable behaviour – this might include violence, threats, abuse, mental cruelty, financial irresponsibility or even just prolonged failure to give emotional and practical support within the marriage. You can obtain a divorce if your spouse has behaved so unreasonably that you cannot be expected to continue living with him/her. It is, however, more than the fact that you simply do not get on any longer and that you have drifted apart. There needs to be some particular behaviour by your spouse that you can point to as being unreasonable.

      c. Separation for two years and the other party consents to the divorce – if your spouse refuses to agree, then you cannot obtain a divorce on this basis.

      d. Separation for five years when consent is not required – you will be entitled to obtain a divorce without consent after you have lived apart for a period of five years.

      e. Desertion by the other party for two years – you can obtain a divorce if your spouse has deserted you and you have lived apart for a period of at least two years before starting the divorce. Because of the other grounds for divorce that exist, it is very rare to come across a petition on this basis.

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