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Desertion

  • Ladybird22
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12 Feb 08 #13711 by Ladybird22
Topic started by Ladybird22
I went to see a solicitor today and he told me they no longer use desertion as a reason for divorce. What exactly is classed as desertion? Does it still apply if he left for no reason but still sends money?

  • Fiona
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12 Feb 08 #13716 by Fiona
Reply from Fiona
Desertion is leaving one's spouse or children or both without their consent and with the intention of abandoning all obligations to them. In Scotland desertion has been removed from legislation altogether and in E&W it's not used because it's difficult to meet the criteria that it must be the case that:-

1. The other spouse has left for a continuous period of at least two years;
2. There has not been any good reason (“just cause”) to desert;
3. The person who left has intended to desert;
4. The person left behind has not consented.

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