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