Legal Grounds for Divorce: Desertion 离婚的法律依据: 遗弃
To show that the marriage has irretrievably broken down, one reason is the desertion of the other spouse. This reason is uncommon. This is because the legal threshold is high.
What is Desertion?
To establish the ground of “desertion”, one needs to show that one’s spouse has deserted you for a continuous period of at least 2 years immediately before the start of your divorce proceedings.
“Continuous” desertion for at least 2 years does not mean that the desertion must have happened for 2 years straight. The 2 years can include “breaks”, of up to 6 months in total, where the parties continued to live together. For example, where the deserting spouse returned to the household for some time before leaving again.
However, these “breaks” have to be made up so that there has been a total desertion period of 2 years.
Proving Desertion
To prove desertion:
The parties must have been physically separated; and
The deserting spouse must have had the intention to desert his/her spouse such as SMS/ Whatsapp message, e-mail, communications via family or friends.
Difference between Separation and Desertion
It is important to appreciate the difference between separation and desertion since they form different facts for proving irretrievable breakdown of marriage under the Women’s Charter.
Separation occurs when both spouses form the intention to terminate the marital relationship and act on such intention. This can include physical separation, but is more than that. There must be a loss of consortium and a total breakdown in the marital relationship. Separation is the most appropriate fact for proving irretrievable breakdown of marriage when neither party is at fault for their marriage breaking down. It can occur anytime, with the parties agreeing to do so.
On the other hand, desertion is essentially non-consensual separation. Desertion occurs when one has been abandoned by his/her spouse. This means that the parties are separated not by agreement, but because one spouse has chosen to leave his/her spouse without that spouse’s consent. An agreed separation cannot give rise to desertion.
If you feel you had been abandoned by your spouse for more than 2 years, enquire with us at +658780-2499 on whether it is plausible for you to rely on desertion.
为了表明婚姻已经无可挽回地破裂，一个原因是另一方配偶的遗弃。这个原因并不常见。这是因为法律门槛很高。
什么是遗弃？
要确定“遗弃”的理由，需要证明自己的配偶在离婚诉讼开始前至少连续抛弃了您至少两年。
“连续”遗弃至少 2 年并不意味着遗弃必须连续发生 2 年。这 2 年可以包括“休息”，总共最多 6 个月，双方继续住在一起。例如，遗弃的配偶在再次离开之前返回家庭一段时间。
但是，这些“休息”必须弥补，以便总共有2年的逃兵期。
证明遗弃
为了证明遗弃：
双方必须实际分开;和
遗弃的配偶必须有意抛弃他/她的配偶，例如短信/Whatsapp消息，电子邮件，通过家人或朋友的通信。
分离和遗弃的区别
重要的是要认识到分居和遗弃之间的区别，因为它们构成了不同的事实，证明根据《妇女宪章》婚姻破裂是不可挽回的。
当配偶双方都形成终止婚姻关系的意图并按照这种意图行事时，就会发生分居。这可能包括物理分离，但不止于此。必须有财团的损失和婚姻关系的完全破裂。分居是证明婚姻无可挽回的破裂的最合适的事实，因为任何一方都没有婚姻破裂的过错。它可能随时发生，双方同意这样做。
另一方面，遗弃本质上是未经同意的分离。当一个人被他/她的配偶抛弃时，就会发生遗弃。这意味着双方分居不是通过协议，而是因为配偶一方选择在未经配偶同意的情况下离开他/她的配偶。商定的分居不能引起遗弃。
如果您觉得自己被配偶抛弃超过2年，请致电+658780-2499与我们联系，了解您是否可以依靠遗弃。
