Grounds For Divorce
What are the grounds for divorce in England and Wales?
There is only one ground for divorce in England and Wales and that is that the marriage has irretrievably broken down. To demonstrate that ground, you can show one or more of five facts. Either your partner has committed adultery and you find it intolerable to live with them, or they've behaved in such a way that you can't reasonably be expected to live with them, or they've deserted you for two years, or you've been separated two years and you both consent, or, finally, you've been separated five years. Those are the only grounds for divorce in England and Wales.
Are the grounds for divorce the same throughout the UK?
The grounds for divorce in Scotland and Northern Ireland are entirely different and on an entirely different basis. If you are living in Scotland or Northern Ireland and you want to get divorced, you should seek specialist advice from a Scottish lawyer or one based in Northern Ireland about the grounds for divorce in your area of the UK. The period of waiting is different, the grounds are different, and the way they deal with the financial settlements are entirely different.
Can I divorce if my partner has committed adultery?
If your partner has committed adultery, you can petition for divorce based on the grounds of their adultery.
What constitutes adultery?
For you to rely on adultery as a ground for divorce, you have to show that your partner--not you--has had full sexual intercourse with someone else. Kissing, cuddling, fondling someone else does not constitute adultery.
Can I divorce if my partner has behaved in an unreasonable manner?
You can always divorce your partner if they behavior in an unreasonable manner. And it is a subjective test which means what you find to be unreasonable. And it could be anything from leaving the top of the toothpaste, to being beaten ruthless, to having your mother in law being nasty to you and not doing anything about it. It is a whole multitude of behavior that you can rely on. So it is any bad behavior and doesn't need to be very extreme these days.
Can I divorce if my partner and I are separated?
If you and your partner have been separated for more than two years, you can rely on two years' separation as a ground for divorce, or, if you've been separated five years, on the grounds of five years' separation. Any lesser periods, you would have to wait out the time. For example, if you've been separated just a year, you could either rely on a separation deed but you won't be fully divorced, or you have to wait the time for a complete divorce.
What do I need to do to prove separation?
In order to prove separation as a ground for divorce, you don't actually have to be physically separated in different homes. You can live in the same home and still be separated if you don't share any of the household things together. You don't cook for each other, you don't sleep together, don't have sex together; you can be separated in the same home. You don't actually have to have a document that says, "As from next week we are separated." For tax reasons, separation is very important because you may be caught by capital gains tax if you don't deal with all your finances in the year of your separation. Be aware of that when you are going through a divorce.
How long do we need to be separated for before we can get divorced?
In order to get divorced, you need to be separated either for two years where you both consent to it, or five years without your partner's consent. When someone has disappeared and they can't be found, you would use the five year separation petition.
