Chapter 9 - Grounds for divorce

Question 1

Three no-fault grounds for divorce

Answer 1

1. The irretrievable breakdown of marriage
2. The mental illness of a party to the marriage
3. The continuous unconsciousness of a party to the marriage

Question 1

The irretrievable breakdown of marriage

Answer 1

1. The marriage relationship must no longer be normal
2. There must be no reasonable prospect of the restoration of a normal marriage relationship between the spouses.

Question 2

The mental illness of a party to the marriage

Answer 2

1. The defendant must be admitted to an institution as a patient.
2. The defendant has not been unconditionally discharged from the institution or place of detention for a continuous period of at least two years immediately prior to the institution of the divorce action

Question 3

The continuous unconsciousness of a party to the marriage

Answer 3

1. The defendant must be in a state of continuous unconsciousness caused by a physical disorder
2. The unconscious state must have lasted for a period of at least six months immediately prior to the institution of the divorce action
3. There must be no reasonable prospect that the defendant will regain consciousness.

Question 4

The court’s discretion to refuse a decree of divorce

Answer 4

1. Smit v Smit
2. Schwartz v Schwartz
3. Levy v Levy