A and B married after a long acquaintance and had two sons. After years of disputes A petitioned for divorce in Baoshan District. The court held that the marriage foundation remained and dismissed the petition. Relations deteriorated further and, after unsuccessful attempts to agree terms, A instructed the firm and petitioned again in Jiading District.

Issue

Whether the marriage had irretrievably broken down, having regard to the earlier refusal and to the parties’ subsequent separation in fact.

Outcome

Wang Lin and Ma Dehui acted for A. The court, considering the earlier judgment, the continuing deterioration and the failure of reconciliation attempts, granted the divorce and dealt with property and the children’s arrangements.