Section 39 — Family Proceedings Act 1980: Grounds for dissolution

39 Grounds for dissolution (1) An application for an order dissolving a marriage or civil union may be made only on the ground that the marriage or civil union has broken down irreconcilably. (2) The ground for the order is established in law if, and only if, the Court is satisfied that the parties to the marriage or civil union are living apart, and have been living apart for the period of 2 years immediately preceding the filing of the application for an order dissolving the marriage or civil union;

and no proof of any other matter shall be required to establish the ground. (3) A separation order or a separation agreement (whether made by deed or other writing or orally) in full force for the period of 2 years immediately preceding the filing of an application for an order dissolving a marriage or civil union may be adduced as evidence of living apart for the required period. (4) Where the ground for the making of the order is established under subsection (2) of this section, the Court shall, subject to section 45 of this Act, make an order dissolving the marriage or civil union. The heading to section 39 was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by omitting the words “ of marriage ” . Section 39 was substituted, as from 11 June 1985, by section 2 Family Proceedings Amendment Act (No 2) 1985 (1985 No 85). Section 39 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” wherever it appears.