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:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Separation for 3 years with consent
  • Separation for 4 years without consent

Adultery

By Adultery, this means that your spouse has committed adultery, and you find it intolerable to live with him or her.

Unreasonable Behaviour

For Unreasonable behaviour, it means that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her.

Desertion

By Desertion, it means that your spouse has deserted you for at least two years.

3 Years’ Separation with Consent

For 3 years’ Separation, it means that your spouse agrees to the divorce, that you and your spouse have been separated for at least three years.

4 Years’ Separation without Consent

For 4 years’ Separation, it means that  your spouse does not agree to the divorce, that you and your spouse have been separated for at least four years.

You will be granted a divorce only if a Judge of the Family Justice Courts agrees that your marriage has ended. In other words, the Judge must hold the opinion that your marriage has irretrievably broken down. (Reference section 95 of the Women’s Charter)