Bill No. 19 Marriage And Divorce Bill 2009 (f) particulars of any previous efforts to resolve the dispute, and that there is no hope of reconciliation; (g) a statement of the evidence to be relied on to establish the irretrievable breakdown of the marriage; (h) the terms of any related agreement made between the parties; (i) (j) the orders being prayed for; and a verification sworn by the petitioner before a Commissioner for Oaths that what is stated in the petition is correct. 147. Evidence of breakdown of marriage (1) The court shall, in deciding whether or not a marriage has irretrievably broken down, have regard to all relevant facts regarding the conduct and circumstances of the parties and in particular, may refuse to grant a decree where a petition is founded exclusively on the petitioner’s wrong doing. (2) Without prejudice to subsection (1), a court may, without limiting the right of the court to accept other facts, accept any one or more of the following facts as evidence of the irretrievable breakdown of marriage— (a) the respondent’s adultery and the fact that because of it, the petitioner finds it intolerable to live with the respondent; (b) sexual perversion on the part of the respondent; (c) cruelty, whether mental or physical on the part of the respondent affecting the health of the petitioner; (d) the respondent’s desertion of the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition without any justifiable cause; 61

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