The Dissolution Of A Marriage Essay

723 Words Jan 16th, 2016 3 Pages
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 ‘ 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 (1995). Proving adultery is the first step, the next step would be to prove this is intolerable to live with. Adultery may not necessarily be the only cause, but a contributing factor. This was established in CLEARY v CLEARY & HUTTON (1974) . The case revolved around a petition for divorce as the wife had cheated on her husband, adultery had been proven. He chose to forgive her, but later found it intolerable to live with her due to subsequent behaviour – she chose to meet other men, and leave during the night. She finally left home, taking her children with her. Lord Denning wrote in his Law Journal that here it can be established that the marriage had broken down and is irretrievable. The cause of adultery can be used, even though…

Related Documents