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    My marriage has broken down – can my wife divorce me?

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    Some marriages hit the rocks very quickly, but it is important to keep in mind that you must have been married for a minimum period of 12 months before your wife can commence divorce proceedings.

    If you have been separated for less than two years, your wife can only get a divorce on the basis of your unreasonable behaviour or adultery. If you do not accept these grounds, she will have to prove her case in court.

    Your wife can commence proceedings if you have been separated for more than two years – but the divorce will only go ahead on this basis if you give your consent.

    In cases where you have been separated for more than five years, your wife can issue divorce proceedings without your consent.


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