The dissolution of a marriage can occur at any time; however, it is only possible to petition for a divorce after one year of marriage . There is only one ground for a divorce, and this is the ‘irretrievable breakdown’ of a marriage ‘...to such a degree that it cannot be retrieved and the only solution is to end it legally.’ One of the following five facts must be established to successfully petition for divorce (with sufficient evidence).
The first ground for divorce is Adultery . This only classes heterosexual sex between one party and someone else. Anything short of full penetration is not seen as an adulterous act and therefore cannot be used as a defence due to its insufficiency – this law was established in the case of DENNIS v DENNIS …show more content…
The petitioner must show that they have been deserted for a period of two years prior to the application, the ‘…unjustifiable withdrawal from cohabitation… with the intent of being separated permanently.’ If this desertion can be warranted, it cannot be relied upon. This ground can only be used where the deserter refused to consent to divorce. In the case of QUORAISHI v QUORAISHI (1985), it was justifiable for the wife to leave her husband due to his second marriage. The deserter must be proven to have no valid reason to leave, and the petitioner must prove they did not consent - or were not told - of the move. Attempted reconciliation can occur within the two year period, but this cannot exceed six months in totality , and any period will be the waiting period for the courts to hear the case. Two elements can be found for desertion. These are Physical and Mental: Here all obligations are rejected and is the unofficial establishment to bring to end ones marriage. Physical desertion can occur within the matrimonial home, where parties reside together, but act as strangers. Constructive desertion is where the respondent has left due to the behaviour of the petitioner. This is justified desertion. Desertion cannot be claimed for if both partied have consented to
The first ground for divorce is Adultery . This only classes heterosexual sex between one party and someone else. Anything short of full penetration is not seen as an adulterous act and therefore cannot be used as a defence due to its insufficiency – this law was established in the case of DENNIS v DENNIS …show more content…
The petitioner must show that they have been deserted for a period of two years prior to the application, the ‘…unjustifiable withdrawal from cohabitation… with the intent of being separated permanently.’ If this desertion can be warranted, it cannot be relied upon. This ground can only be used where the deserter refused to consent to divorce. In the case of QUORAISHI v QUORAISHI (1985), it was justifiable for the wife to leave her husband due to his second marriage. The deserter must be proven to have no valid reason to leave, and the petitioner must prove they did not consent - or were not told - of the move. Attempted reconciliation can occur within the two year period, but this cannot exceed six months in totality , and any period will be the waiting period for the courts to hear the case. Two elements can be found for desertion. These are Physical and Mental: Here all obligations are rejected and is the unofficial establishment to bring to end ones marriage. Physical desertion can occur within the matrimonial home, where parties reside together, but act as strangers. Constructive desertion is where the respondent has left due to the behaviour of the petitioner. This is justified desertion. Desertion cannot be claimed for if both partied have consented to