There is only one ground for divorce, i.e. that the marriage has irretrievably broken down. To prove this, you must show one or more of the 5 factual situations listed in the Women’s Charter:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation for 3 years with consent
- Separation for 4 years without consent
Adultery #
The plaintiff must prove that the defendant has committed adultery and that the plaintiff finds it intolerable to live with the defendant.
Unreasonable Behaviour #
The plaintiff must prove that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant.
Desertion #
The plaintiff must prove that the defendant has deserted the plaintiff for a continuous period of at least two years immediately preceding the presentation of the petition.
3 Years’ Separation with Consent #
The plaintiff must satisfy the court that the parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition and the defendant consents to a decree being granted.
4 Years’ Separation without Consent #
The plaintiff must satisfy the court that the parties have lived apart for a continuous period of at least four years immediately preceding the presentation of the petition. The same considerations apply as for three years’ separation but no formal consent to the judgment of divorce is required to be filed by the defendant.
