Who can file a single petition?
When a marriage has broken down beyond reconciliation, either party to the marriage may decide to petition for a divorce without the mutual consent of the other party. Such petition for a non-mutual divorce is often referred to as a single petition divorce.
Under what circumstances can a single petition be filed?
The party petitioning for the divorce will have to state the facts leading to the beakdown of the marriage. In considering whether the marriage has indeed broken down irretrievably, the Court shall consider the following circumstances:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation for more than 2 years
Adultery
Adultery can be defined as the act of voluntary sexual intercourse with someone other than a person’s spouse, and it is a ground for divorce.
Where the petitioner alleges that the respondent has committed adultery, the petitioner must prove this allegation to the satisfaction of the court.
The person whom the respondent is alleged to have committed adultery with shall be made a co-respondent and may be sued for damages in respect of the alleged adultery.
In addition to proving the adultery, the petitioner must also prove that the alleged adulterous relationship led to the breakdown of the marriage.
Unreasonable behaviour
Unreasonable behaviour has been said to be such behaviour that leads the court to believe that the petitioner cannot reasonable be expected to live with the respondent.
In other words, the petitioner has to show that the respondent’s intolerable behaviour led to the irretrievable breakdown of the marriage.
Some examples of unreasonable behaviour accepted by the court includes a lack of care, trust and love, controlling behaviour, constant jealousy and domestic violence.
Desertion
Desertion refers to one spouse leaving the other with the intention of permanently ending the marriage.
The petitioner who alleges desertion must prove that there was in fact a separation of the spouses wherein the deserting spouse intends to remain separated permanently.
The petitioner must also show that there was no consent on part of the deserted petitioner and that there is no reasonable cause for the deserting spouse to be separated.
Separation for 2 years
A petitioner claiming that the spouses have been separated for two years must satisfy the court that they have lived apart continuously for at least two years immediately before filing the petition
Conclusion
When deciding whether it is fair and proper to grant a divorce, the court must take into account all relevant circumstances, including the parties’ conduct and the welfare of any children of the marriage. The court will reject the application if dissolving the marriage is deemed inappropriate.
