In order to petition for Divorce you must have been married for at least one year and your reasons for divorce must be one of the following list:
- Unreasonable Behaviour
- Adultery
- Separation – 2 years with your partner’s consent
- Separation – 5 years without your partner’s consent
- Desertion
1. Unreasonable Behaviour
To demonstrate this you must be able to show that your spouse has behaved in such a way that you cannot reasonably be expected to live with them. You should provide reasons why you find your partner intolerable to live and refer to a recent incident which have caused you to conclude the marriage is at an end.
2. Adultery
This can either be shown by the admission of your partner or through evidence which prove that your partner has committed adultery with the opposite sex, and it is no longer bearable to live with them in the circumstances.
3. Separation – 2 years with your partner’s consent
This is where you have lived apart for at least two years, but less than 5 years, and you both have to sign written agreement to divorce.
4. Separation – 5 years without your partner’s consent
This is where you have lived apart for at least 5 years and it does not need the consent of your partner.
5. Desertion
This is where your spouse deserts you for a continuous period of at least 2 years. Out of all the options this is the least often used due to the prohibitive costs and the other related difficulties.