释义 |
desertion n. 1. The failure by a married person to cohabit with his or her spouse. Desertion usually takes the form of physically leaving the home, but this is not essential: there may be desertion although both parties live under the same roof, if all elements of a shared life (e.g. sexual intercourse, eating meals together) have ceased. Desertion must be a unilateral act carried out against the wishes of the other spouse, with the intention of bringing married life to an end (animus deserendi). Previously, if it was continuous for more than two years, desertion could be used as evidence that the marriage had irretrievably broken down and entitled the deserted spouse to a decree of divorce. No such evidence is required under the Divorce, Dissolution and Separation Act 2020. See also constructive desertion. 2. An offence under the Armed Forces Act 2006 committed by a person subject to service law who is absent without leave and who intends to remain permanently absent without leave or intends to avoid a period of active service. |