A Writ of Divorce may only be filed three years after the date of marriage has commenced or a Leave of Court has been obtained. In order to dissolve a marriage, the applicant must show that the marriage has irretrievably broken down. The breakdown of a marriage can be proven by the following:
The Defendant has committed adultery and the Plaintiff finds it intolerable to live with the Defendant;
The Defendant has behaved in such a way that the Plaintiff cannot reasonably be expected to live within the Defendant;
Two years of desertion by the Defendant prior to filing of divorce;
Three years of separation prior to filing of divorce, with the Defendant's consent; or
Four years of separation to filing of divorce.
A Writ of Nullity may also be filed within three years of marriage. The grounds are as follows:
Non-consummation due to either party's incapacity or wilful refusal of the Defendant to consummate it;
Either party did not validly consent to the marriage because of duress and/or mistake, and/or unsoundness of mind, and/or the facts alleged;
That at the time of marriage, the Plaintiff/Defendant, though capable of giving valid consent, was suffering (whether continuously or intermittently) from a lack of capacity within the meaning of the Mental Capacity Act (No 22 of Act 2008), or of unsound mind within the meaning of the Mental Disorders and Treatment Act of such a kind or to such an extent as to be unfit for marriage;
That at the time of the marriage, the Defendant was suffering from venereal disease in a communicable form, and the Plaintiff was, at the time of marriage, ignorant of the facts alleged; or
That at the time of the marriage, the Defendant was pregnant by someone other than the Plaintiff, and the Plaintiff was, at the time of the marriage, ignorant of the facts alleged.