IRRETRIEVABLE BREAKDOWN OF A MARRIAGE
Section 4(1) of the Divorce Act 70 of 1979 provides for two distinct requirements to establish an irretrievable breakdown of the marriage:
- The marriage between the parties has irretrievably broken down.
- No reasonable prospect of a normal marital relationship between the parties.
Section 4(2) of the Divorce Act 70 of 1979 provides examples of marriage breakdown:
- The parties have not lived together as husband and wife for at least one year.
- The defendant committed adultery, and the plaintiff cannot continue with the marriage.
- The defendant is declared a habitual criminal and is in prison.
