Five reasons for divorce

Seal Stamp And Pen Writing Business Paper DocumentAdultery

To use adultery as a fact for divorce the following must be true:

  • your spouse has engaged in sexual relations with a member of the opposite sex
  • you have decided that you no longer want to live in the same residence as them (this decision must be made within six months of discovering your spouse has been unfaithful)

Unreasonable behaviour

If your spouse’s behaviour is so irrational that you feel you can no longer be married to them you can use unreasonable behaviour as a fact for divorce. Unreasonable behaviour may include:

  • physical abuse or violence directed towards you
  • verbal insults or threats
  • intimacy with a third party
  • excessive alcohol consumption or substance abuse

Desertion

If a spouse has left their husband or wife for more than two years without their consent you may be able to use desertion as a fact for divorce. These conditions must be met:

  • spouses have not lived together for 2 years
  • the separation was without the consent of the Petitioner
  • the Respondent does not intend to move back in with the Petitioner
  • the Petitioner did not give the Respondent reasonable grounds for leaving

2 or 5 years of separation

Separation can be used as a fact to prove the grounds for divorce if the spouses no longer live together. This usually means that spouses have been continuously living in different residences.

If both parties have been living apart for more than 2 years and both spouses agree that they want a divorce, then it can be granted on the grounds of separation for 2 years.

If husband and wife have been living apart for more than 5 years, and the person asking for the separation can prove this in court, then a divorce can be granted without the consent of the other person.

 

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