If you wish to discuss whether you or your spouse may have grounds for divorce or if you would like to book an appointment please call us on 33 33 80 or complete our Request a Call Back form and we will call you back, at a time to suit you, free of charge. Request a Call Back. Book Now. Family Civil Litigation. Follow us on:. Linnitts solicitors are now trading as Beyond Legal, this change is to represent our progressive legal services that look to offer you much more than the minimum.
Our full service offering is still available, with no impact on our ability to help existing and new clients. Divorce and Grounds for Divorce A divorce cannot be applied for until a couple has been married for at least one year. The person who starts proceedings, called the Petitioner must prove that the marriage has irretrievably broken down by establishing one of the following five facts: Adultery Unreasonable behaviour Desertion 2 years separation with consent 5 years separation no consent required.
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Part of Get a divorce: step by step. Get a divorce. This guide is also available in Welsh Cymraeg. Print entire guide. Step 1 : Get support and advice. Similarly, if your spouse has a sexual relationship with a member of the same sex, this does not count as adultery but can count as unreasonable behaviour. If you and your spouse have lived apart for at least 2 years, and you both agree to get divorced, this ground can be used.
If you have not been living with your spouse for at least 5 years, you can file for divorce on this ground, even if your spouse does not agree to divorce. If your spouse left you, without your agreement or a good reason and with the intention of ending the relationship, it may be possible to use the ground of desertion when filing for divorce. They must have deserted you for over 2 years within the last 2. In practice, this is a rarely used ground.
For more information about divorce, read The divorce process. The Divorce, Dissolution and Separation Act is expected to come into force on 6 April and will radically modernise the process of separation for couples in England and Wales. Instead, the breakdown can be proved by a sole or joint statement signed by one or both partners.
You have to show that your spouse has behaved so badly that you should not reasonably have to live with them anymore. The petitioner has to list their allegations against the respondent. This grounds for divorce is generally used in two main circumstances; first, where there really has been unreasonable behaviour, and second, where the two spouses have drifted from each other and so want to end their marriage.
It depends on how serious the allegations are. If they are very serious, like being violent to you, you might only need to make one or two. If the allegations are mild allegations, like not paying you enough attention or not doing chores around the house, think you might have to make five or six different allegations.
There are all sorts of allegations, from the serious, like domestic violence or being a severe alcoholic, and then more day to day things like not washing up. Because we do not have no fault divorce yet in England and Wales, the standard for unreasonable behaviour is actually really low. Then you will not have to have an unnecessary argument about grounds for divorce. At least one of the allegations have to have been in the last 6 months.
If you are still amicable, you can agree on the allegations together before you issue divorce proceedings. This is because otherwise there could be disagreements later down the line. Infidelity by the respondent is one of the most commonly used examples of unreasonable behaviour. This is because it is simpler to show than adultery. This is where your partner has left you for a minimum of 2 years.
In practice this is not used very often. This is where your husband or wife has left you without your consent or good reason in order to bring an and to your relationship for more than 2 of the last 2. Desertion is very rarely used because you have to prove a mental intention to divorce by your partner existed for the whole 2 year period. This is hard to prove on the balance of probabilities to a court of law. You and your spouse need to have already been separated for at least two years. Also, the respondent has to give their consent to the divorce petition.
If you still live together because of financial matters or because of your children, but you have lived a separate life to your former husband or wife, you have to prove this to the court. This is very challenging, so it might be a better idea to rely on unreasonable behaviour instead. You can live together for 6 months of the total three year timescale. You can count as separated while you both are living together in one house, however you need to show that you live separate lives at this time.
For example, if you sleep and eat together. You do have to wait 2 years. This can be problematic if you want to sort out your financial settlements.
It is unlikely you will use this if you have got a working relationship. You and your former partner must have been living separately for at least 5 years.
You do not require consent for this. The respondent can delay the final decree if they say that divorce will make them financially worse off. This is rare. You have to show the court that you have done everything in your power to try and find them. This includes social media, through mutual friends and maybe looking at national records. No, it is a myth of divorce law that once 5 years passes of separation you can just ask the court for a divorce. This is the case no matter how long you have been separated for.
You have to prove to the court that they were served with a divorce petition. Then, you have to ask the court to serve them with the paperwork, or hire a special private service. Using a private service is faster.
Then you can submit the statement of service and your application for decree nisi. This proves your spouse was properly served with the documents. In England and Wales you must use one of the above grounds to show your marriage should be ended.
According to parliament, the Divorce, Dissolution and Separation Act is planned to be fully passed by the end of This would allow couples to divorce without needing any of the grounds.
Instead, they could prove a sole or a joint statement and sign it. They would not have to give more evidence than this. The grounds are not generally thought about by the court or a judge when considering the financial settlement. The court considers how long the marriage was, whether you have children and how much each party earns.
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