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FAQ Divorce and Children’s Law

The Grounds for Divorce

By 5 Sep 2021No Comments

FAQ’s

The Grounds for Divorce

Is Spousal Abandonment a ground for divorce?

This is a ground of divorce and is usually called desertion and it occurs when a spouse deserts the other spouse for at least three years immediately preceding the date of presentation of the petition.

Adultery as a ground for divorce?

Adultery is a common ground for divorce and adultery occurs when the offending spouse cheats on the Petitioner with a person other than their spouse during the existence of the marriage.

Can I put forward Unreasonable Behaviour as a ground for divorce?

Often times it is possible to describe the unreasonable behaviour in such a manner as to show the court that the behaviour has caused irretrievable breakdown of the marriage or the behaviour constitutes cruelty to the petitioner – which are both grounds for divorce. For instance, if the Respondent is perpetually making reckless financial decisions or if the Respondent has been bullying the Petitioner.

Can my spouse and I get a Collaborative Divorce?

This is not permitted in the sense that parties cannot collude with each other to present a divorce petition; however, parties may collaborate to enter into a divorce settlement as pertains to matrimonial property, maintenance and care of children.

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