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Grounds for Divorce
Adultery

Definition of adulteryConsensual (voluntary)

  • Intercourse with member of opposite sex who is not your spouse
  • Must have the opportunity and inclination 
Unreasonable behaviour
  • The person must prove the other party’s unreasonable behaviour.
  • The respondent’s conduct, whether active or passive will be taken into consideration.
  • It must affect the other party and must be relevant to their marriage.
  • The person must show the proof of a continuous series of acts of omissions & negative conduct.
  • The probability of the respondent’s behaviour re-occurring and the effect on the petitioner if he/she continues to live with the respondent under such circumstances.
  • Whether the petitioner be reasonably able to live with the respondent for a period of 6 months or more will be assessed.
Desertion (2 years)
  • The person who leaves is not considered as deserting the family if there is a reasonable cause.
  • Decision to leave must be due to the conduct of the other person’s behaviour or belief of adultery.
Separation
  • Living apart for 3 years or more with consent.
  • Living apart for 4 years or more without consent.