In England and Wales you must show that a marriage has irretrievably broken down in order to obtain a divorce. You must do this be proving one of the following five facts:
- Unreasonable behaviour
Your partner behaved so badly that you can no longer bear to live with them. This is the most frequently used ground for divorce as it can cover such a wide range of behaviour.
Some examples of unreasonable behaviour could include:
- Drug taking;
- Excessive drunkenness;
- Verbal abuse, e.g. insults or threats;
- Physical violence;
- Refusing to pay for housekeeping or financial irresponsibility.
When using unreasonable behaviour as a ground for divorce the courts do not require the allegations to be particularly serious as long as you can show that you cannot be expected to continue living with the behaviour in question.
In many cases it can be helpful to use mild allegations in order to reach an agreement with your spouse and move the process forward, rather than using harsh accusations which your spouse may challenge and ultimately delay the divorce process.
This means that your partner had sexual intercourse with someone else of the opposite sex and you can no longer bear to live with them.
When stating adultery as a reason for divorce your partner must either admit to the adultery or you must be able to provide evidence of actual sexual intercourse.
However, you can’t rely on adultery as a ground for divorce if you have lived with your husband or wife for 6 months after you found out about it.
You cannot ask for a divorce on the foundation of your own adultery. If this is the case then you either need to state different grounds for divorce, or your partner must request for the divorce on the basis of your adultery.
Your husband or wife has left you:
- To end your relationship;
- Without a good reason;
- Without your agreement;
- For more than 2 years in the past 2½ years.
You can still claim desertion if you have lived together for up to a total of 6 months in this period.
- You have lived apart for more than 2 years – with consent for the divorce
You can get a divorce if you’ve lived separately for more than 2 years and both agree to the divorce.
Your husband or wife must agree in writing.
- You have lived apart for more than 5 years – without consent for the divorce
Living apart for more than 5 years is usually sufficient to get a divorce, even if your ex-partner disagrees with the divorce.
How can SAS Daniels help?
Our team of specialist family law solicitors can help you decide which ground for divorce is the most sutiable for your circumstances. Starting the divorce process can be a daunting step but it doesn’t have to be. Our solicitors will listen to you and your families individuals circumstances and advice you through the divorce process.
For more information and advice on the grounds for divorce contact our Family Law team on 0161 475 7676 or get in touch through our contact form.
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