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There is nothing to stop you from presenting a divorce. Your spouse can defend a divorce by claiming that the facts relied on in the petition are not true, for example, that they did not commit adultery or that you have not been separated for five years. This could mean that you have to delay your divorce, unless you can petition for divorce on a different basis, for example, demonstrating that the marriage has irretrievably broken down and that your spouse's behaviour has been unreasonable. At worst, this might mean that you have to separate from your spouse for five years before you can get divorced.So there is nothing to stop you from starting the process.
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