Get a divorce
2. Grounds for divorce
When you apply for a divorce you’ll need to prove that your marriage has broken down. You’ll need to give one of the following 5 reasons.
Your husband or wife had sexual intercourse with someone else of the opposite sex.
The law recognises the act of adultery as sexual intercourse between a man and a woman.
You can’t give adultery as a reason if you lived together as a couple for 6 months after you found out about it.
Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with them.
This could include:
- physical violence
- verbal abuse, such as insults or threats
- drunkenness or drug-taking
- refusing to pay for housekeeping
Your husband or wife has left you:
- without your agreement
- without a good reason
- to end your relationship
- for more than 2 years in the past 2.5 years
You can still claim desertion if you have lived together for up to a total of 6 months in this period.
You have lived apart for more than 2 years
You can apply for a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
Your husband or wife must agree in writing.
You have lived apart for at least 5 years
You can apply for a divorce if you’ve lived apart for at least 5 years, even if your husband or wife disagrees.