Divorce may be granted only if marriage has irretrievably broken down, etc.
95.—(1)  Either party to a marriage may apply to the court for a divorce.
(2)  A divorce is to be granted if and only if the court is satisfied that —
(a)the marriage has irretrievably broken down;
[Act 21 of 2023 wef 01/07/2024]
(b)if the applicant is relying on section 95A(1)(a), (b) or (c) — the applicant is not relying on his or her own adultery, behaviour or desertion, as the case may be; and
[Act 21 of 2023 wef 01/07/2024]
(c)it is just and reasonable to grant the divorce, having regard to all relevant circumstances, including —
(i)the conduct of the parties; and
(ii)how a divorce would affect the parties and any child of the marriage.
[Act 21 of 2023 wef 01/07/2024]
(3)  The court must dismiss an application for divorce if it is not satisfied as to the matters in subsection (2).
(4)  The court may grant an interim judgment for divorce (which may be subject to terms).
[Act 3 of 2022 wef 01/07/2024]