Grounds for Divorce

A person who applies for the divorce is called "the Petitioner" and their spouse is called "the Respondent".

Firstly, a Divorce Petition has to be issued by the court. This document will state why the Petitioner is seeking a divorce from the Respondent. There is only one ground for divorce and that is the irretrievable breakdown of the marriage which can be established by proving one of five facts as detailed below:

1. Behaviour – Your spouse "the Respondent" has behaved in such a way that you cannot reasonably be expected to live with them. This could be behaviour such as drinking to excess regularly, gambling, inappropriate friendships with the opposite sex. There are many other examples, (on which we can advise) but essentially the effect of the Respondent's behaviour is such that the Petitioner cannot continue to live with it, and the court would decide upon this.

2. Adultery – Your spouse "the Respondent" has committed adultery and you find it intolerable to live with them. This has to be proved by admission or producing evidence that they have had sexual intercourse with a person of the opposite sex. It is not necessary to name the other person involved. The fact that the Petitioner and Respondent may be separated at the time when the adultery takes place does not prevent it from being adultery.

3. Two Years Separation WITH CONSENT – You and your spouse have lived separately and apart for a continuous period of 2 years and your spouse "the Respondent" will agree to the divorce. If they will not give this consent a petition cannot be issued.

4. Five Years Separation – You and your spouse "the Respondent" have lived separate and apart for a continuous period of 5 years. You do not need the consent of your spouse.

NOTE: For 2 and 5 years separation petitions, if you live with your spouse for a period of 6 months or more/or periods totalling 6 months within the period of separation on which the divorce is based, this will dis entitle you to a divorce.
5. Desertion – This rarely applies in practice. Desertion is different from separation in that it requires the separation to have been entirely unilateral without even an implied agreement by the Petitioner to the separation. The period of desertion must be a minimum of 2 years before a petition is presented.

TIME LIMITS
There are time limits in respect of adultery and behaviour petitions. Although the petition can be issued at any time the Petitioner should not continue to live with the Respondent for too long after finding out about the wrong doing. If the parties live together for a period of 6 months or periods totalling 6 months after the last incident of behaviour upon which the Petitioner relies or after the date upon which the Petitioner found out about the adultery then the right to u