DIVORCE FACTSHEET – GROUNDS FOR DIVORCE
What is a divorce?
A divorce is the ending of the legal contract between a husband and wife. The procedure begins with a Petition and ends with a Decree Absolute which dissolves the marriage.
When can a Petition be issued?
You can start divorce proceedings provided you have been married for more than 1 year. You and/or your husband/wife must be “domiciled” in England or Wales or resident in England or Wales for the preceding year. It does not matter where you were married. If you are in any doubt please contact us for advice whether divorce proceedings can be started in an English County Court.
What are the grounds for divorce?
There is only one ground for divorce and that is that the marriage has irretrievably broken down. This is proved by establishing one of five “facts”. This formsthe basis of the Petition.
1) Your husband/wife has committed adultery and you find it intolerable to continue to live with him/her. It is not necessary to name the other person; this will make proceedings more drawn out and acrimonious. If you want to name the other person you should seek legal advice before doing so.
2) Your husband or wife has behaved in such a way that you cannot reasonably be expected to live with him/her.
You will need to give some examples of your spouse’s behaviour and how it has affected you. The allegations do not need to be really severe and these can be agreed in advance to ensure the Petition is not contested.
3) If you and your husband/wife have been living apart for at least two years and your spouse agrees to the divorce.
4) If you and your husband/wife have been living apart for more than five years whether or not your spouse agrees to the divorce.
5) If your husband/wife has deserted you for a continuous period of two years or more. This fact is hardly ever used.
If you are unsure whether you have grounds and for further advice or a free initial consultation click here to contact our family team.
