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BRENT CROSS GARDENS LEGAL CENTRE
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In this legal issue the Lady Margaret Road and Brent Cross Gardens Legal services team explain the five facts which can be presented to the court to enable you to obtain a divorce.

The court must be satisfied that the marriage has irretrievably broken down. This is evidenced by proving one or more of five facts.

THE FIVE FACTS
In order to satisfy the ground of irretrievable breakdown , the petitioner must satisfy the court under s1(2) MCA 1973 of one or more of the following facts:

(a) the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;

(b) the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent

c) the respondent has deserted the petitioner for a continuous period of at least two years immediately preceeding the presentation of the petition;

d) the parties to the marriage have lived apart for a continuous period of at least two years immediately preceeding the presentation of the petition and the respondent consents to the decree being granted.

e) the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.

f) each fact must be proved on the balance of probabilities and each fact has different considerations which will be discussed in another article.

Source: Family Law Handbook by Jane Sendall