Simply
speaking, there is only one ground for divorce and that’s
an irretrievable breakdown of your marriage.
However, you will have to prove the irretrievable breakdown
of your marriage in one of five ways (it may be that you
have more than one basis to commence divorce proceedings
although you only need one reason):
Adultery
You don’t necessarily
need to know the identity of the person/s with whom your spouse has
committed adultery with (the co-respondent)
as long as your spouse openly admits to the adultery. If
however, your spouse denies committing adultery, you will
have to produce evidence to support your allegation.
Behaviour
You will be asked to provide
details of your spouse’s
behaviour within your divorce petition. You will need to
explain why their behaviour makes it impossible for you
to continue to remain married to your spouse.
Desertion
Desertion can be used as a
basis for divorce if your spouse has deserted you for a
continuous period of at least two years. You will be asked
to provide the date of your spouse’s desertion and
the circumstances leading to your spouse leaving. If possible,
you should demonstrate that you have not heard from your
partner since the date that you state, and that you did
not agree to the separation.
Two Years Separation by Consent
This
basis can only be used in cases where you have lived apart
for a continuous period of two years and you both consent
to the divorce. You will be asked to provide the date of
separation and briefly give the reason/s why you and your
spouse decided to separate.
Five Years Separation
You do not require
your spouse’s consent to divorce
using this ground. You will be asked to state the date
and reasons for your separation on your divorce petition. |