If you allege that there is reasonable grounds to suppose that your spouse is dead, you may present a petition:

  • to have it presumed that your spouse is dead; and
  • to a divorce.

If the Court is satisfied that such reasonable grounds exist, it may make a decree nisi of presumption of death and of divorce.

The fact that for a period of more than seven (7) years, your spouse has been continually absent from you and that you have no reason to believe that your spouse has been living within that time, is evidence that he/she is dead unless proven otherwise.