| 1. Adultery |
|
 |
| Definition of adultery |
|
|
Consensual (voluntary) |
|
|
Intercourse with member of opposite sex who is not your spouse |
|
|
Must have the opportunity and inclination | | |
| 2. Unreasonable behaviour |
|
|
|
 |
The person must prove the other party's unreasonable behaviour. |
|
The respondent's conduct, whether active or passive will be taken into consideration. |
|
It must affect the other party and must be relevant to their marriage. |
|
The person must show the proof of a continuous series of acts of omissions & negative conduct. |
|
The probability of the respondent’s behaviour re-occurring and the effect on the petitioner if he/she continues to live with the respondent under such circumstances. |
|
Whether the petitioner be reasonably able to live with the respondent for a period of 6 months or more will be assessed. | |
| 3. Desertion (2 years) |
|
 |
| |
|
 |
The person who leaves is not considered as deserting the family if there is a reasonable cause. |
|
Decision to leave must be due to the conduct of the other person's behaviour or belief of adultery. | | |
| 4. Separation |
|
 |
| |
|
|
Living apart for 3 years or more with consent |
|
Living apart for 4 years or more without consent.
| |
| | |
| ( This is for general information and not to be taken as a legal advice)* |
