What are the grounds for divorce?

As many wait for Divorce Reform to come into play, we take a look at the current system, where there is in fact only one ground for divorce. This being the irretrievable breakdown of marriage. However, in order to demonstrate that your marriage has broken down irretrievably, you must rely and prove one of the following five facts:

1. Adultery

To rely on this fact, you must prove that your spouse has committed adultery (or obtain their admission). You cannot rely on this fact, if you have lived with your spouse for a period of 6 months (or periods totalling 6 months) since you found out about the last act of adultery.

2. Unreasonable behaviour

You must explain why your spouse has behaved in such a way that you cannot be reasonably expected to live with them. Allegations do not need to be serious and can be patterns of behaviour or isolated incidents. Types of behaviour that can be included range from verbal & domestic abuse to socialising separately or failure to help around the home and assist with child care. 

3. Desertion

This fact is rarely used and is difficult to prove as you would need to establish that there has been a separation and that your spouse intended to desert you and has deserted you for a period of at least 2 years. You also need to confirm that you didn’t consent to the separation and that there was no reasonable cause for your spouse to leave. 

4. Two years separation with consent

In order to rely on this fact, you must have lived separately from your spouse for a period of two years prior to the petition being filed and your spouse must also consent to the divorce, in writing. 

5. Five years' separation

You can rely on this fact if you have lived apart from your spouse for a period of five years prior to the petition being filed. 

If you are contemplating divorce, contact our Family Law Team.