The Ground for Divorce

Question 1

What is the ground for divorce

Answer 1

the only round for divorce is non-fault based- the marriage must have irretrievably broken-down.

Question 2

What is it necessary to prove

Answer 2

one of the five facts in S 1(2)

Question 3

What does proving one of the five facts create

Answer 3

legal evidence that the relationship has irretrievably broken-down.

Question 4

What does legal evidence that the marriage has irretrievably broken-down create

Answer 4

A rebuttable presumption S 1(4)

Question 5

What must the courts do if one of the five facts is proved

Answer 5

they must grant a decree; unless satisfied on all the evidence, not withstanding proof of the fact and P’s wish to be divorced that the relationship has irretrievably broken-down

Question 6

What procedure will be used if the R is unlikely to defend to divorce?

Answer 6

The special procedure will apply, where the divorce is considered by a legal advisor at a divorce centre

Question 7

Where is the one year bar found

Answer 7

S 3(1)