Section 10Part 0 —
Grounds for pronouncing decrees for dissolution of marriage, or civil partnership
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A decree of dissolution of marriage, or civil partnership, may be pronounced by the Court in respect of a marriage, or civil partnership, on the ground that since the celebration of the marriage, or civil partnership —
the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
the parties to the marriage, or civil partnership, have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to the decree being pronounced; or
the parties to the marriage, or civil partnership, have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition,
if the Court, after inquiring so far as it can into the facts of the case, is satisfied that —
the grounds for the petition have been established;
the marriage, or civil partnership, has broken down irretrievably; and
no material impediment under this Act exists to the pronouncement of the decree.
For the purpose of subsection (1) —
spouses, or civil partners, shall be treated as living apart unless they are living with each other in the same household;
the period of desertion shall be deemed to run —
whether or not there has, during such period, been an attempt at reconciliation as hereinafter provided;
whether or not the parties are judicially separated; and
whether or not the deserting party is incapable of continuing the necessary intention, if the Court is of the opinion that, had such a party been so capable, the desertion would have continued at the time.
In considering whether a period of desertion or absence has been continuous for the purposes of paragraphs (c), (d) or (e) of subsection (1), no account shall be taken of any one period (not exceeding three months) during which the parties may have resumed cohabitation with a view to reconciliation.
No petition under paragraph (a) of subsection (1) shall be presented to the Court unless, at the date of the presentation of the petition, two years have passed since the celebration of the marriage, or civil partnership —
Provided that, if upon application made, the Court is satisfied that exceptional hardship is suffered by the petitioner it may grant leave for the petition to be presented within such period.