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There is one ground for divorce: that the marriage has irretrievably broken down.

The evidence is set out in the petition: the spouse who files thepetition is called the petitioner, the other is called the respondent.

Evidence of the irretrievable breakdown has to be given by proving one or more of five facts:

Adultery - that the respondenthas committed adultery, since the date of the marriage. In NorthernIreland the adultery does not necessarily have to be the reason for thebreakdown of the marriage.

Unreasonable behaviour - that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;

Desertion - that the respondent has deserted the petitioner for a period of two years;

Two years separation - that the parties have lived apart for two years and the respondent consents to a divorce;

Five years separation - that the parties have lived apart for five years.

If a couple live together for more than six months after discovery of the last act of adultery, then that evidence cannot be used for divorce proceedings. Similarly, a period of separation would be discounted if the couple live together again for a period of six months.

 

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Updated Daily: Thursday March 6th 2008