Desertion: What must you prove if you wish to rely on this as a ground for Divorce?
- Desertion: you may obtain a Divorce by relying on the “irretrievable breakdown” of your marriage if you are able to prove that your spouse has deserted you for a continuous period of at least 2 years before your application for a Divorce.
- If you wish to rely on your spouse’s unreasonable behaviour as a ground for Divorce, you must satisfy the following criteria:
- You must prove that your spouse has deserted you for a continuous period of at least 2 years before your application for a Divorce.
- You must not have agreed to your spouse’s desertion.
- You can show that there was “constructive desertion” when your spouse left the home due to your behaviour or mistreatment.
- You cannot rely on the ordinary wear and tear (e.g. tension) of married life on as a sufficiently serious reason for the desertion.
