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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.