ENDING THE UNION: GROUNDS FOR GRANTING A DIVORCE

Without much thought, when one hears the word 'divorce', the first thing that comes to mind is the word 'separation'. A layman would say it is the separation of spouses. However, in the legal register, it is the legal dissolution of a marriage. A potential divorce could take place when the party that petitions for the divorce proves that the marriage is irreparably broken and is without repair. 

Section 15 of the Matrimonial Causes Act of 1970 provides eight grounds for the dissolution of a marriage. Some of these grounds are:

1. A persistent unwillingness to consummate the marriage by the respondent. It is worthy of note that two words are key: Persistence and unwillingness. Thus, the petitioner must provide evidence, direct or implied about the behavior of the respondent. 

2. The intolerance of the respondent's adultery in the marriage. Hence, the commission of the adultery as well as the petitioner's intolerance must be proved by way of evidence and facts. 

3. The respondent has behaved in a way that makes it impossible and unbearable to live with. This could be by way of rape, domestic violence, sodomy, persistent intoxication and drunkenness. 

4. The fourth ground is an instance where the respondent has deserted the petitioner for a continuous period. 

Other grounds can be found in the section. 

Furthermore, Section 16 of the Act entails supplementary provisions to Section 15 which should be read alongside Section 15 for wider understanding.

See sections 15 and 16 of the Matrimonial Causes Act.

Compiled by Lkite Anjola

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