Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VI · Divorce
54. Proof of breakdown
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Breakdown is judged by one or more facts: adultery the petitioner finds intolerable, behaviour making life together unreasonable, desertion, or living apart. Desertion or living apart must be continuous for at least two years right before the petition. The court weighs all the circumstances, including conduct and any children's interests. It dismisses the petition if divorce would be wrong.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
In its inquiry into the facts and circumstances alleged as causing or leading to the breakdown of the marriage, the court shall have regard to one or more of the following facts, that is to say:
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
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that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition;
that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition.
In considering whether it would be just and reasonable to make a decree the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved and it may make a decree nisi subject to such terms and conditions as the court may think fit to attach, but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage it shall dismiss the petition.
child
“child” has the meaning of “child of the marriage” as defined in section 2 who is under the age of eighteen years. Power for court to make order for custody