Today, The Royal Gazette introduces Legally Speaking, a weekly legal column written by representatives of the law firm, Appleby Spurling & Kempe.

The column will appear every Monday on the front of the Lifestyles section.

Attorney Nita Grewal, a member of the Family Law Team at AS&K, is our debut columnist with an article that explains the grounds of divorce, and related issues, in Bermuda.

To obtain a divorce in Bermuda you must have sufficient grounds to do so and, unless you can show the court there are exceptional circumstances, you must be married for at least three years before filing.

You must also be ordinarily resident in Bermuda throughout the period of one year immediately preceding the date that a divorce petition is filed, or you must be domiciled in Bermuda on the date when divorce proceedings are commenced. Generally speaking, one is domiciled in Bermuda when they have an intention to permanently reside here combined with significant ties to the island.

There are no hard and fast rules, however, and each case is decided on its facts.

The Grounds for Divorce The only ground for divorce in Bermuda is the irretrievable breakdown of the marriage. The marriage has broken down irretrievably if: Either party has committed adultery and their spouse finds it intolerable to live with them (adultery petition).

Either party has behaved in such a way that their spouse cannot reasonably be expected to live with them (unreasonable behaviour petition).

Either party has deserted the other for a continuous period of at least two years immediately preceding the presentation of the petition (desertion petition).

The parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and consent to a decree being granted (two-year petition).

The parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition (five-year petition).

The party presenting the petition is the petitioner while the other party is the respondent. It is possible to have more than one respondent - for example, an adultery petition may include as respondent the person who is having or had an affair with the petitioner's spouse. The respondent may defend the divorce petition by saying that they did not commit adultery, did not behave unreasonably, did not desert the petitioner (but in fact left with the petitioner's consent), do not consent to the divorce, etc. While respondents often defend a divorce initially, most divorces eventually go through undefended.

The unreasonable behaviour petition is quite common, but requires one spouse to essentially lay the blame for the breakdown of the marriage at the feet of the other spouse. For this reason, and despite the fact that the petition is not a public document, many couples prefer to wait the two years or five years before filing.

Alternatives to Divorce If one has not been married for three years, or does not wish to divorce right away, or at all, but desires to live separately or with certain freedoms from their spouse then theirs may be a case where a separation agreement or a judicial separation is appropriate.

A judicial separation does not end a marriage but allows the parties to live separately without being found to have deserted their spouse. There are other effects of judicial separation, but one of the main benefits is that because the marriage is not legally dissolved, either spouse may continue to receive spousal benefits such as pension benefits.

For spouses in their later stages of life, such benefits are often a major consideration and may justify the choice of judicial separation over divorce.

It is important to note that either party can later apply for divorce, and either party can reopen any financial agreement reached in the judicial separation proceedings.

If parties are waiting for a separation period to come to an end so that they may then file for divorce, there are often financial arrangements and arrangements for children which should be formalised between the parties.

Where parties can reach agreement on the main issues, it is wise to consider the need for a formal Deed of Separation. This is a contract with your spouse, and is not a court document. It cannot be as easily enforced as an order of the court.

The Deed can be made an order of the Court during divorce proceedings, if both parties agree. On the other hand, one party may seek to reopen some of the issues in court. This is why it is very important that both spouses obtain independent legal advice on the terms of any Deed, as this will increase the chances that the court will uphold the terms of the Deed.

Before deciding which route is the best for you, you should see your attorney, as I have not covered all the relevant circumstances that come into play in deciding which route to take.

In my next column, I will discuss how you can best prepare yourself to handle the divorce process.

Nita Grewal is a litigation attorney and a member of the Appleby Spurling & Kempe Family Law Team. You can write to her with your questions or comments at Familylaw yASK.BM. Copies of Ms Grewal's columns can be obtained on the Appleby Spurling & Kempe website at www.ask.bm.

This column should not be used as a substitute for professional legal advice.

Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.

LAWYERS LEG