Desertion – Pre 6th April 2022 ground

What is desertion?

To bring a petition under this ground, you must show that your spouse has left without any just cause to do so, without you agreeing or consenting to it, for a continuous period of at least two years before you can petition for divorce.

If your spouse has disappeared for a while but comes back, this absence period cannot be added up to complete the required two-years.

How is this proved?

The partner who wants to rely on this ground has to prove there was an intention to desert. The court will take into account the mindset of either parties.

Can I petition for divorce by myself?

Yes, you can start proceedings as one party without the need of your partner.

To discuss your divorce matter today, please call Ansham White Solicitors for a free no obligation telephone call.

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