A Court will only grant your application for a Divorce if you can prove that there has been an “irretrievable breakdown” of your marriage. The “irretrievable breakdown” of your marriage can be proven by showing at least one of the following facts:
- Adultery: Your spouse must have committed adultery and you find it intolerable to live with your spouse.
- Unreasonable behaviour: Your spouse must have behaved in such a way that you cannot reasonably be expected to live with him/her.
- Desertion: your spouse deserted you for a continuous period of at least 2 years before the Divorce.
- 3 Years’ Separation with Consent: You and your spouse must have lived apart for a continuous period of at least 3 years before the Divorce and your spouse must agree to the Divorce.
- 4 Years’ Separation without Consent: You and your spouse have lived apart for a continuous period of at least 4 years before the Divorce.