Going through a divorce is difficult for all involved. We can alleviate some of the anguish associated with the entire divorce process by providing you with advice tailored to your individual needs and a sympathetic ear.
To obtain a divorce you must demonstrate to the court that your marriage is at an end; i.e. that the marriage has “irretrievably broken down”.
Your divorce petition must be based on one of five facts to provide the court with the reason for the breakdown of the marriage. Those facts are:
Fact 1 – adultery
The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.
Fact 2 – unreasonable behaviour
The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.
Fact 3 – desertion
The respondent has deserted the petitioner for a continuous period of at least two years, immediately preceding the presentation of the petition.
Fact 4 – two years’ separation and consent
That the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the petition, and the respondent consents to a decree being granted.
Fact 5 – five years’ separation
That the parties to the marriage have lived apart for a continuous period of at least five years, immediately preceding the petition.
NB. The person issuing the divorce is the petitioner and the other party is the respondent.