It is unfortunate that not all marriages or relationships succeed and the breakdown of a marriage or relationship can be one of the most difficult times of a person’s life.  If you did not get the marriage right it is important to get the divorce right.

Divorce proceedings cannot be issued during the first year of marriage.

There is one ground for divorce being the irretrievable breakdown of the marriage.

To satisfy the court that the marriage has broken down, the Petitioner must rely upon one of the following five facts in their divorce petition:

a) Adultery

b) Unreasonable behaviour

c) Desertion for a continuous period of at least 2 years immediately before the start of the divorce

d) Two years’ separation with consent

e) Five years’ separation

The facts of adultery and unreasonable behaviour are the two facts which are relied upon the most by divorcing couples.

The test for unreasonable behaviour is subjective and the court will consider what is unreasonable to the Petitioner. Such behaviour need not consist of extensive violence or other extreme behaviour. A combination of less obvious unreasonable behaviour can often be sufficient.

Click here for further details of the Divorce Procedure.