There is currently only one legal ground for divorce, that “the marriage has broken down irretrievably”, which must be proved by one of five facts. A person can petition for a divorce after one year of marriage but three of the five facts upon which a divorce must be based require a separation period of at least 2 years. If this does not apply or you want a divorce sooner, the facts that can be relied upon are “adultery” by a spouse or their “unreasonable behaviour”.
Once spouses have been separated for two years, a divorce can be applied for if both parties consent. Without consent, it will be necessary to wait for 5 years. The remaining fact upon which a divorce can be based is if your spouse has deserted you for a period of more than two years.
For more information about changes to the grounds for divorce, read about new divorce rules coming into force in 2022.
