“If you know your marriage is over, it should be concluded quickly, quietly and at minimum cost.”
Grounds for Divorce
The legal requirement for divorce is to establish that your marriage has broken down irretrievably. You prove this by establishing one of five facts.
- Fact 1: Adultery
This requires you to establish that your spouse has been unfaithful and as a result, you can no longer bear to live with them.
- Fact 2: Unreasonable Behaviour
What amounts to unreasonable behaviour is construed very widely, so you need to be advised.
- Fact 3: Desertion
You must have lived apart for at least two years.
- Fact 4: Two Years Separation With Consent
This requires separation from your spouse for a continuous period of two years before the divorce petition is issued and parties ‘consent’.
- Fact 5: 5 Years Separation Without Consent
If you have been separated from your spouse for a continuous period of five years before the divorce petition is issued, then you do not need the other party’s consent to the divorce.
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