Grounds for Divorce

There are five main Grounds for Divorce and to be able to obtain a divorce it requires you to have been married for one year and for one party to be able to show that the marriage has broken down irretrievably. 

The five Grounds for Divorce are:

  1.  Adultery

 You can obtain a divorce immediately providing you can prove adultery. The adultery does not need to be the cause of the breakdown of the marriage. You do, however, need to be able to prove that your spouse has had sexual intercourse with a member of the opposite sex and it is not sufficient simply to suspect that adultery has taken place. It is best to ensure in advance that your spouse will agree that they have committed adultery.

You cannot petition for a divorce on the basis of your own adultery. In these circumstances either your spouse needs to petition for divorce on the basis of adultery or you need to be able to state a different reason for divorce.

Adultery cannot be used in cases of sexual intercourse with a member of the same sex.

  2. Unreasonable Behaviour

Unreasonable behaviour is now the most common reason cited for divorce in England and Wales, in part because of its flexibility and ability to be used under varied circumstances. This might include violence, threats, abuse, mental cruelty, financial irresponsibility or even just prolonged failure to give emotional and practical support within the marriage. You can obtain a divorce if your spouse has behaved so unreasonably that you cannot be expected to continue living with him/her.  You should be aware however that it is more than the fact that you simply do not get on any longer and that you have drifted apart and there needs to be some particular behaviour by your spouse that you can point to as being unreasonable.

Same sex couples can cite unreasonable behaviour if their partner has been unfaithful as a reason to dissolve their civil partnership.

3.  Separation for two years and the other party consents to the divorce

If your spouse refuses to agree, then you cannot obtain a divorce on this basis.You must be clear that the marriage was at an end before the two year period starts to run.

4. Separation for five years when consent is not required

You will be entitled to obtain a divorce without consent after you have lived apart for a period of five years.

5.  Desertion by the other party for two years 

You can obtain a divorce if your spouse has deserted you and you have lived apart for a period of at least two years before starting the divorce.This is when your spouse has left you, against your will, for more than two years. The petitioning spouse must be able to demonstrate to the courts satisfaction that they always wanted their partner to return during this time, otherwise it is not desertion.  Due to the other grounds for divorce that exist, it is very rare to come across a petition on this basis.

If you would like to speak to one of our experts who can help you decide which grounds for divorce are most appropriate for your personal circumstance then contact us now.

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