The Divorce Act stipulates that the two grounds for divorce is - irretrievable breakdown of the marriage/relationship or unconsciousness/mental illness of the other party. Both these grounds embodies the general principle that a marriage can come to an end when the consortium, which is the core of the marriage relationship, come to an end or no longer exist between the parties.
Irretrievably of the relationship
This ground of divorce will generally be as a result of the conduct of one or both of the parties.  The mutual love and respect can be lost between the parties, the parties can leave separate lives or there can be no communication between the parties.  Physical and verbal abuse  of one part towards the other party in the marriage can also be the cause of the irretrievable breakdown of the marriage.
Mental illness or unconsciousness
This is usually a ground, which is generally because of circumstances beyond the control of the other party.
You can get a divorce if your partner has been institutionalised for mental illness for at least two years and doctors don't think that they will ever recover.
 
Proof of this can include evidence showing that:
1. The couple have not lived together for a while.
2. One partner cheated on the other.
3. One partner left the other
4. One partner abused the other.
5. The couple no longer love each other. 

We can assist you with preparing a summons dealing with:

1. Who will have custody of the children.
2. How the parent who does not have custody will access the children.
3. Who will receive maintenance, how much it will be and how and when it will be paid.
4. How your property will be divided up.

If you believe that one of these grounds  exist in your marriage please contact Verburg Attorneys for further assistance.
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