4 years’ separation with consent: What must you prove if you wish to rely on this as a ground for Divorce?
- 4 years’ separation with consent: you may obtain a Divorce by relying on the “irretrievable breakdown” of your marriage if you are able to prove that you and spouse have lived apart for a continuous period of at least 4 years before the Divorce even though your spouse does not agree or consent to the Divorce.
- If you wish to rely on this as a ground for Divorce, you must satisfy the following criteria:
- You must prove that you and your spouse must have been separated for 4 years.
- You and your spouse will be considered as having been separated if they have lived under the same roof but sleeping in separate bedrooms and keeping separate households (e.g. financially independent and separate expenses).
- Your spouse does not need to agree to the Divorce if both you have been separated for at least 4 years.