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A marriage can be said to have been irretrievably broken down if either spouse commits adultery, is cruel to the other or to any child of the marriage.
It may also apply when a spouse willfully neglects the other for at least two years immediately preceding the date of presentation of the petition in court or spouses have been separated for at least two years (voluntarily or by a court order).
According to the Marriage Act, it also applies when a spouse has been sentenced to a term of imprisonment for life or for seven years or more, suffers from incurable insanity – especially 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 spouse.
When a court certifies that a marriage has irretrievably broken down, the spouses are at liberty either to continue living together, file for separation or divorce.