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In forceAmended2020 Revised Edition
Contents

Part 10

95. Divorce may be granted only if marriage has irretrievably broken down, etc.

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In plain English

Either spouse may apply for a divorce. A divorce requires that the marriage has irretrievably broken down and that divorce is just and reasonable. The court looks at the parties' conduct and the effect on them and any child. An applicant cannot rely on their own adultery, behaviour or desertion. If not satisfied, the court must dismiss the application.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

Amended

Last amended by an amending law of 2023. 2 amendments in all.

(1)

Either party to a marriage may apply to the court for a divorce.

(2)

A divorce is to be granted if and only if the court is satisfied that —

(a)

the marriage has irretrievably broken down;

(b)

if the applicant is relying on section 95A(1)(a), (b) or (c) — the applicant is not relying on his or her own adultery, behaviour or desertion, as the case may be; and

(c)

it is just and reasonable to grant the divorce, having regard to all relevant circumstances, including —

(i)

the conduct of the parties; and

(ii)

how a divorce would affect the parties and any child of the marriage.

(3)

The court must dismiss an application for divorce if it is not satisfied as to the matters in subsection (2).

(4)

The court may grant an interim judgment for divorce (which may be subject to terms).

Report

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules