On what grounds can a divorce petition be started?

You must have been been married for over a year and meet some criteria on residency and domicile. Once that is established it must be established that the relationship has irretrievably broken down.

The law provides five criteria of which any one can be used to establish that the marriage has irretrievably broken down. One of the following five reasons must be established:

• Your spouse has committed adultery and you find it intolerable to continue living together.
• Your spouse has behaved in such a way that it would be unreasonable to expect you to continue living together.
• Your spouse has deserted you for a continuous period of 2 years or more.
• You and your spouse have been living separately for 2 years or more, and your spouse agrees to the divorce.
• You and your spouse have been living separately for 5 years or more, whether or not your spouse consents to the divorce.
  

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