The Act Divorce Section 12: Irretrievable breakdown of marriage: desertion no longer to be ground
23.Section 12 removes desertion as a way to establish the irretrievable breakdown of a marriage. Under subsection 1(2)(c) of the Divorce (Scotland) 1976 Act it is only possible to establish the breakdown of the marriage on the grounds of desertion if there has been two years’ non-cohabitation after one party has deserted the other.