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GROUNDS OF DIVORCE

The Grounds of Divorce and the Five Facts:

1. The Ground for Divorce

There is only one ground for divorce, that is that the marriage has irretrievably broken down: s. 1 (1), Matrimonial Causes Act 1973.

The Five Facts are as follows:

The Court cannot hold that the marriage has irretrievably broken down unless the petitioner satisfies the court of  one or more of the five facts set out in s. 1(2), Matrimonial Causes Act 1973. These are:

a) that the respondent has committed adultery and the petitioner finds it  intolerable to live with the respondent;

b) that the respondent has behaved (unreasonable behavior) in such a way that the petitioner cannot reasonably be expected to live with the           respondent;

c) the respondent has deserted the petitioner for a continuous period of at  least two years immediately preceding the presentation of the petition;

d) that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted (two years separation and consent)

e) that the parties to the marriage have lived apart for a continuous period  of at least five years immediately preceding the presentation of the petition.