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Section 66 of Marriage Act CAP 150: Right to petition for separation or divorce

    

(1) A party to a marriage celebrated under Part IV may not petition the court for the separation of the parties or for the dissolution of the marriage unless three years have elapsed since the celebration of the marriage.
(2) A party to a marriage celebrated under Part IV may only petition the court for the separation of the parties or the dissolution of the marriage on the following grounds—
(a) adultery by the other spouse;
(b) cruelty by the other spouse;
(c) exceptional depravity by the other spouse;
(d) desertion by the other spouse for at least three years; or (e) the irretrievable breakdown of the marriage.
(3) The petitioner may file the petition with the court for the separation of the parties or the dissolution of the marriage despite any effort to reconcile the parties.
(4) The court may refer a matrimonial dispute that arises in a marriage celebrated under Part IV to a conciliatory process agreed between the parties.
(5) The proceedings for the dissolution of a marriage celebrated under Part IV may be adjourned for a period not exceeding six months as the court may think fit—
(a) for the court to make further enquiries; or
(b) for further attempts at reconciliation to be made by the parties to the marriage.
(6) A marriage has irretrievably broken down if—
(a) a spouse commits adultery;
(b) a spouse is cruel to the other spouse or to any child of the marriage;
(c) a spouse willfully neglects the other spouse for at least two years immediately preceding the date of presentation of the petition;
(d) the spouses have been separated for at least two years, whether voluntary or by decree of the court;
(e) a spouse has deserted the other spouse or at least three years immediately preceding the date of presentation of the petition;
(f) a spouse has been sentenced to a term of imprisonment for life or for a term of seven years or more;
(g) a spouse suffers from incurable insanity, where two doctors, at least one of whom is qualified or experienced in psychiatry, have certified that the insanity is incurable or that recovery is improbable during the life time of the respondent in the light of existing medical knowledge; or
(h) any other ground as the court may deem appropriate.

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Disclaimer: This document is not to be taken as legal advise.

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