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Grounds for Divorce

To obtain a decree of divorce you must have been married for at least one year and your marriage must have irretrievably broken down.

This is proved by establishing one of the following facts:

Unreasonable behaviour - you must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her.

Adultery - you must prove, generally through admission of your spouse, that they have had sexual intercourse with another person of the opposite sex and that you find it intolerable to live with them.

Two years separation with consent - you  and your spouse have lived apart for at least two years and you both agree to the divorce.

Two years desertion - you must show that your spouse deserted you for a continuous period of at least two years.

Five years separation - you and your spouse have lived apart for at least five years.  In this case it is not necessary for your spouse to consent to the divorce.

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The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied is
given in relation to such materials. Hodgsons Law shall not be liable for any technical, editorial, typographical or other errors or omissions within the information provided on this website, nor shall we be responsible for the content of any web images or information linked to this website. Jo Hodgson is the sole director of Hodgsons Law.