I am considering a divorce. What are the grounds which I can seek a divorce?

There is only one ground on which you can seek a divorce, which is that the marriage has irretrievably broken down. To do so, you will have to establish one of the four grounds for divorce: (i) adultery; (ii) unreasonable behaviour; (iii) desertion; or (iv) separation.

Adultery

If your spouse cheats on you by having sexual relations outside of the marriage and you find it intolerable to live with him or her, you can file for divorce on the fact of adultery as soon as you are aware of the infidelity. You would have to produce evidence of the act of adultery, such as photos, videos or text messages. You may also wish to hire a Private Investigator to help gather evidence of the affair.

Do however note that if you continue to live together with your spouse for more than 6 months after you became aware of an act of adultery, you will not be able to rely on that instance of adultery for a divorce any longer.

Unreasonable behaviour

If your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her, you may file for divorce as soon as such an incident has taken place. Examples include instances of physical or mental abuse, or any other acts of unreasonable behaviour. You would have to show evidence of the act or omission by your spouse and how you were affected (e.g. photos, text messages).

Do however note that if you continue to live together with your spouse for more than 6 months after the incident of unreasonable behaviour, you will not be able to rely on that incident for a divorce any longer.

Desertion

If your spouse has left you against your wishes and completely rejected the marital relationship for a continuous period of at least 2 years, you will be able to file for divorce on the fact of desertion. You would have to show how your spouse deserted you and that you have been living apart from your spouse for at least 2 continuous years.

Separation

If you and your spouse have been living separately and apart, or together in the same home but each maintaining your own affairs, you will be able to able to file for divorce after 3 continuous years (if your spouse agrees to divorce) or 4 continuous years (if your spouse disagrees). You will have to produce evidence of both parties living apart and having the intention to bring the marriage association to an end (e.g. Deed of Separation). This is the most amicable route to divorce as no fault has to be attributed to either party.