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What are the requirements and good reasons or grounds for divorce?

  1. To show such irretrievable breakdown, you must prove at least one of the following facts:
    1. your spouse has committed adultery and you find it intolerable to live with your spouse;

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    2. your spouse has behaved in such a way that you cannot reasonably be expected to live with your spouse. This may include but not limited to:
      • physical abuse may include pushing, hitting, strangling, biting, slapping, punching, choking and burning, threatening you with weapon and damaging property when angry;
      • emotional abuse may include insulting you, calling you names, unpredictable mood swings, threatening to harm you, children, family or pets;
      • sexual abuse;
      • intimate terrorism can be physical or emotional control which may include severe economic control and keeping you away from family or friends;
      • addictions may include drug abuse, drunkenness, gambling and sexual addictions;
      • neglect may include failure to provide you or children, if any, with basic needs such as supervision, nurturing, nutrition and medical care;


      You may need to provide evidence such as police and medical reports to support your case in court.

    3. your spouse has deserted you for a continuous period at least two (2) years before the date of your divorce petition; or

      The first three (3) grounds are fault based reasons for contested divorce where one party is trying to show the marital misconduct of the other party in order to obtain a divorce.

      This may lead the respondent to deny allegations made and go defensive, particularly on allegations of adultery and unreasonable behaviour.

      Defended divorce is more time consuming and such proceedings can descend into costly legal battle.

    4. both of you have lived apart from each other for a continuous period at least two (2) years before the date of your divorce petition

      Ground no. 4 is the most common ground for divorce by way of joint petition.

      This is a joint petition for divorce in which the marriage has broken down beyond repair but neither party wants to provide evidence showing the wrongdoing of the other.

      Therefore a defence is not applicable.


References
  1. Law Reform (Marriage and Divorce) Act 1976 [Act 164] & Rules


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Knowledge Base ID :   1499
Last Reviewed :   March 31, 2014
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