It is possible to frame a petition based on the type of behaviour that eventually leads to an intolerable strain on a marriage. Examples include the spouse who is a workaholic or indeed refuses to provide for the family or doesn't take his or hers share of the responsibility for household chores or caring for the children. The Courts have moved with the times and the earlier unhelpful approach of some judges as can be seen from the following quote from the 1972 case of Ash v Ash is now considered as unacceptable and unrealistic. This is clearly a dangerous and unfortunate line to take as partners in a situation such as this are clearly a danger to each other and no doubt the rest of the family. In truth most divorces are granted and even marginal cases can be presented in such a way by the experienced lawyer to ensure success in the Courts.
Desertion requires that the parties have lived apart for two years or more.
Desertion is when one spouse abandons the other. The sheer rarity of this type of divorce effectively reduces it to a legal curiosity and no more will be said on the matter. Two Years Separation with Consent Where parties have lived apart for two years or more divorce will be granted where both parties agree to the divorce. If the answer is in the affirmative then a divorce can be obtained. Five Years Separation Where parties have lived apart for five years or more no consent is required.