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The breakdown of a marriage

A man or woman may petition for a divorce. A court will only issue a decree of divorce if the court finds that the marriage has broken down irreparably. Evidence that a marriage has broken down irreparably includes:

  • Adultery committed by one of the parties more than once.

  • Cruelty, whether mental or physical, inflicted by one of the parties.

  • Desertion in which a husband or wife has been abandoned for more than three years.

  • Sexual perversion by one of the parties in the marriage.

  • Imprisonment of one of the parties in the marriage

  • Presumption of death where one of the parties whereabouts is unknown for five years or more.

  • Mental illness on the condition that least two qualified doctors in psychiatry have certified that there is no hope of cure or recovery.

  • Separation for a period of three years and without reconciliation between parties.

  • Divorce which is according to Islamic law can be issued.

To learn more and the next steps to issue a divorce, contact us today.

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