Section 1516 — Grounds for divorce

Firm annotation

Section 1516 lists ten grounds, paraphrased: (1) adultery / cohabitation with another; (2) misconduct (criminal or not) causing serious shame or harm; (3) serious physical or mental harm to spouse or family; (4) desertion ≥1 year; (4/1) imprisonment ≥1 year for an offence committed without other spouse's consent and causing serious harm to the marriage; (4/2) voluntary separation ≥3 years; (5) presumption of death or absence ≥3 years; (6) failure to give proper maintenance; (7) incurable insanity ≥3 years making marriage intolerable; (8) breach of good-conduct undertaking; (9) incurable contagious or dangerous disease; (10) physical incapacity rendering normal cohabitation impossible. Following the 2024 Marriage Equality Act, all grounds are gender-neutral.