Desertion: What must you prove if you wish to rely on this as a ground for Divorce?
LawGuide
Desertion: you may obtain a Divorce by relying on the “irretrievable breakdown” of your marriage if you are able to prove that your spouse has deserted you for a continuous period of at least 2 years before your application for a Divorce.
If you wish to rely on your spouse’s unreasonable behaviour as a ground for Divorce, you must satisfy the following criteria:
You must prove that your spouse has deserted you for a continuous period of at least 2 years before your application for a Divorce.
You must not have agreed to your spouse’s desertion.
You can show that there was “constructive desertion” when your spouse left the home due to your behaviour or mistreatment.
You cannot rely on the ordinary wear and tear (e.g. tension) of married life on as a sufficiently serious reason for the desertion.
