Divorce Process: Two means: By petition or by joint application (s 11 MCO) Two Stage Process (s 17 MCO) Decree Nisi Decree

ee Absolute: six weeks after the court has granter a decree nisi, an application can be made for a decree absolute Ground for a Petition (section 11A MCO) 2. The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court one or more of the following facts that: a) the R has committed adultery and the P finds it intolerable to live the R; b) the R has behaved in such a way that the P cannot reasonably be expected to live with the R; c) the parties to the marriage have lived apart for a continuous period of at least 1 year immediately preceding the presentation of the petition and the R consents to a decree being granted; d) the parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the petition; e) the R has deserted the P for a continuous period of at least 1 year preceding the presentation of the petition

1) Adultery Six Month Rule (s 15A MCO) 3. Where the parties to the marriage have lived with each other for any period after it has become known to the P that the R has, since the celebration of the marriage, committed adultery a) if the length of that period is 6 months or less, their living with each other during that period shall be disregarded in determining whether the P finds it intolerable to live with the R b) if the length of that period exceeds 6 months, the P cannot rely on that adultery

(2) Unreasonable Behaviour The behaviour needs to be neither unreasonable nor blameworthy. What the law requires the P to prove is that the R has behaved in such a way that the expectation that the P continues to live the R be unreasonable The court must consider the effect of the Rs behaviour, whether such behaviour is voluntary or involuntary, on the particular P. Whether an isolate case of uncharacteristic conduct would suffice for these purposes will depend on its nature and gravity. Determining the effect of the Rs conduct involves a consideration not only of the behaviour of the R but of the character, personality, disposition and behaviour of the P. A partys disinclination and boredom with the marriage does not entitle the court to dissolve it. Conduct of sufficient gravity to justify a spouse leaving may be relied on, but not simple desertion, by the R. Association, not resulting in actual sexual intercourse, with a member of the opposite sex might constitute behaviour of a kind to justify a finding of irretrievable breakdown. The fact that one spouse is living with the other spouse at the time of the hearing does not of itself establish that the first spouse should reasonably be expected to live with that other spouse. <Livingstone-Stallard v Livingstone-Stallard> - Would any right-thinking person come to the conclusion that this H has behaved in such a that his W cannot reasonably be expected to live with him, taking into account the whole of the circumstances and the characters and the personalities of the parties. <Gollins v Gollins> <Birch v Birch> <Carpenter v Carpenter>

(1) Adultery Two limbs adultery; and the P finds it intolerable to live with R <Cleary v Cleary> - The W had committed adultery and the H forgave her. She then had correspondence with men and went out alone at night. Finally she left the H and children. the marriage broke down irretrievably, but it was her conduct subsequent to the adultery (not the adultery itself) that the H found it intolerable to live with. The court held that the two fact should be treated separately and independently. The D did not have to show that he found the R intolerable to live with because of her adultery. Adultery means consensual sexual intercourse between a married person and a person of the opposite sex, who is not the other spouse, during the subsistence of the marriage) Adultery does not include sexual intercourse of a man who is a party to a customary marriage with a concubine lawfully taken by him (s 2 MCO) <Sapsford v Sapsford and Furtado> - An act of adultery need not be such a complete act of intercourse as is required to consummate a marriage, or, marriage need not be a vera copula. <Dennis v Dennis> <MacLennan v MacLennan> - Donor insemination which resulted in giving birth to a child of the semen donor is not adultery <Patrick v Patrick>

<Chalcroft v Chalcroft>
<Li Kao Feng Ning Judy v Li Hung Lit> - The P wifes adultery and her expressed desire to marry her lover brought about a violent and frightening response from her H, who subjected her and the son to a terrifying experience lasting for 5 hours. This was held to be so grave that the P could not reasonably be expected to continue to live with the R Six Month Rule (s 15A(4) MCO) Where the P alleges that the R has behaved in such a way that the P cannot reasonably be expected to live with him, but the parties have lived with each other for a period after the date of the occurrence of the final incident relied on by the P, that fact shall be disregarded in determining whether the P can reasonable be expected to live with the R, if the length of that period is 6 months or less. <Bradley v Bradley> - A P who continues to live with the H for more than 6 months because she has no other alternative accommodation, can still petition for a divorce and adduce evidence to show that she could not reasonably be expected to live with him.