(1) The Court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the Court of one or more of the following facts, that is to say—
(a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) that the respondent has deserted the petitioner for a continuous period of at least 2 years immediately preceding the presentation of the petition;
(d) that the parties to the marriage have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the petition.
(2) On a petition for divorce it shall be the duty of the Court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent.
(3) If the Court is satisfied on the evidence of any such fact as is mentioned in subsection (1), then, unless it is satisfied on all the evidence that the marriage has not broken down irretrievably, it shall, subject to sections 5 (4) and 9, grant a decree nisi of divorce.
(4) For the purpose of subsection (1)(c) the Court may treat a period of desertion as having continued at a time when the deserting party was incapable of continuing the necessary intention, if the evidence before the Court is such that, had that party not been so incapable, the Court would have inferred that his or her desertion continued at that time.
(5) For the purposes of this Act a husband and wife shall be treated as living apart unless they are living with each other in the same household.