ABSTRACT
The marriage between Silver and Gemma has lasted four years and therefore the prohibition on presenting petitions within one year of marriage does not apply: s 3(1) MCA 1973. Consequently, Gemma may petition for divorce on the basis that her marriage has broken down irretrievably (s 1(1) MCA 1973), as evidenced by one of the five facts in s 1(2) MCA. Whilst the facts of the case indicated that this marriage has encountered severe difficulties, it will be necessary for the evidence to fit within one of the facts in s 1(2) or a divorce cannot be granted: Richards v Richards (1972). Once one of the facts is established, then the presumption arises that the marriage has broken down irretrievably, unless the contrary can be shown. It will be difficult for Silver to rebut this presumption.
