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You will be granted a divorce only if a Judge of the Family Court agrees that your marriage has ended. In legal language, the Judge must find that your marriage has irretrievably broken down. This is set out at section 95 of the Women’s Charter.
To prove that your marriage has ended, you must show the Court that one or more of the following facts is true:
• that your spouse has committed adultery, and you find it intolerable to live with him or
her
• that your spouse has behaved in such a way that you cannot reasonably be expected to
live with him or her
• that your spouse has deserted you for at least two years
• if your spouse agrees to the divorce, that you and your spouse have been separated for
at least three years
• if your spouse does not agree to the divorce, that you and your spouse have been
separated for at least four years.
These requirements are set out at section 95(3) of the Women’s Charter.
