95A. What constitutes the irretrievable breakdown of a marriage

X has committed adultery and Y finds it intolerable to live with X;

X has behaved in such a way that Y cannot reasonably be expected to live with X;

X has deserted Y for a continuous period of 2 or more years immediately before the application for divorce;

X and Y —

have lived apart for a continuous period of 3 or more years immediately before the application for divorce; and

consent to a divorce being granted by the court;

X and Y have lived apart for a continuous period of 4 or more years immediately before the application for divorce; or

subject to subsection (6)(c), X and Y agree that the marriage has irretrievably broken down.

if Y continues to live together with X for a total of 6 months or less despite knowing that X has committed an act of adultery, the fact that Y continued to live with X must be ignored in deciding whether Y finds it intolerable to live with X; and

if Y continues to live together with X for more than 6 months despite knowing that X has committed an act of adultery, Y may not rely on that act of adultery.

a period of desertion is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but(b)the period during which X and Y lived together does not count towards the length of the period of desertion.

a period of living apart is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but(b)the period during which X and Y lived together does not count towards the length of the period of living apart.

an agreement must be in writing and must state the following matters:

the reasons leading X and Y to conclude that their marriage has irretrievably broken down;

the efforts X and Y have made to reconcile;

the consideration X and Y have given to the arrangements to be made in relation to their financial affairs and any child of the marriage;

the court must consider the stated matters in deciding whether to exercise its powers under Divisions 3 and 4 of Part 10A (amicable settlement of disputes); and

the court must not accept the agreement if it considers, in all the circumstances of the case, that there remains a reasonable possibility that X and Y might reconcile.