Who does this apply to?
To petition for divorce on these grounds of desertion, you must be able to prove that your spouse has deserted the marital home for more than two years without good reason or your consent. Furthermore, you must be able to prove that they did so with the intention of ending the relationship.
Unfortunately, this is not easy to prove. Even if your spouse deserted your home more than two years ago, it can be hard to provide evidence that they intended to end the relationship at that time.
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To petition for divorce on these grounds of adultery, you must be able to prove that your spouse had sexual relations with a member of the opposite sex, which in turn made living with your spouse unbearable.
To petition for divorce on these grounds of unreasonable behaviour, you must be able to prove that your spouse behaved in such an unreasonable manner that you cannot be expected to carry on living with them.
Two years’ separation with mutual consent
You can petition for divorce on these grounds if you and your spouse have been living apart for at least two years at the time you apply for divorce, providing that you both agree to it.
Five years’ separation without consent
To petition for divorce on these grounds, you must be able to prove that your spouse has left the marital home for at least five years at the time of the divorce application.