Grounds for Divorce
ADULTERY
Definition of adulteryConsensual (voluntary)
⇒ Intercourse with member of opposite sex who is not your spouse
⇒ Must have the opportunity and inclination
UNREASONABLE BEHAVIOUR
⇒ The person must prove the other party’s unreasonable behaviour.
⇒ The respondent’s conduct, whether active or passive will be taken into consideration.
⇒ It must affect the other party and must be relevant to their marriage.
⇒ The person must show the proof of a continuous series of acts of omissions & negative conduct.
⇒ The probability of the respondent’s behaviour re-occurring and the effect on the petitioner if he/she ⇒ continues to live with the respondent under such circumstances.
Whether the petitioner be reasonably able to live with the respondent for a period of 6 months or more will be assessed.
DESERTION (2 YEARS)
⇒ The person who leaves is not considered as deserting the family if there is a reasonable cause.
⇒ Decision to leave must be due to the conduct of the other person’s behaviour or belief of adultery.
SEPARATION
⇒ Living apart for 3 years or more with consent.
⇒ Living apart for 4 years or more without consent.
