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Relationship
Disputes

Grounds for divorce

Contrary to popular belief there is only one ground for divorce, which is that the marriage has broken down irretrievably.  It is not possible to obtain a divorce based on “irreconcilable differences”. To prove to the Court that the marriage has broken down you will have to show one of the following five “facts”, which are that:

  • your spouse has committed adultery;
  • your spouse’s behaviour is such that it is unreasonable for you to be expected to live with them;
  • your spouse has deserted you for a period of at least two years;
  • you have been separated for two years and your spouse agrees to the divorce; or
  • you have been separated for five years - In this instance your spouse does not need to agree to the divorce.
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