Grounds for divorce
When you’re thinking about separating from your partner, it’s important to consider whether you have grounds for divorce. To apply for a divorce in England and Wales, you must have been married for more than a year and give a legitimate reason for starting the divorce petition.
MPs recently backed a bill to introduce ‘no-fault’ divorce as an option in divorce proceedings, which is set to come in to place later the year. (Read more.) However, at the moment, there are a few reasons you can give for a divorce.
Adultery
To submit Adultery as a reason for divorce, you must prove through admission or sufficient circumstantial evidence that your partner has had sexual intercourse with another person of the opposite sex.
This does mean that adultery cannot be used as grounds for divorce if your partner has sexual intercourse with another person of the same sex. For more advice on same-sex marriage and divorce, give us a call: 01782 646 320
If you carry on living with your husband or wife for more than 6 months after you found out about their adultery you can’t give adultery as the reason for your divorce.
Unreasonable behaviour
Using Unreasonable Behaviour as grounds for divorce means you must show that your partner has behaved in such a way that you can no longer maintain the relationship.
What is considered ‘unreasonable’ can be as simple as spending too much time at work, financial recklessness, or no longer socialising with each other. More severe allegations could include threatening or belittling behaviour, physical violence, or excessive drunkenness. You will have to note examples of their behaviour in the divorce petition.
If you’re seeking a divorce due to domestic abuse, we can help to protect you and your family from an abusive former partner. You can get in touch with our Head of Family Law, Laura, today: lauralambert@rjssolicitors.com
Two years’ separation
If you’ve lived apart for two years, you can get a divorce on these grounds. You must both agree to this and provide it in writing.
Five years’ separation
As above, if you’ve lived apart for five years, you can petition for a divorce. However, you do not need the consent of your partner to divorce on these grounds.
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Divorce can be difficult, we can make sure the legal part isn’t. For Simply Good Advice on divorce, separation, pre-nuptial agreements and more, get in touch today: 01782 646 320