Grounds for divorce

Divorce simply put means bringing a marriage to an end. A marriage is not ended until a Decree Absolute is granted by the Court. The pronouncement of a Decree Absolute cancels all legal duties and responsibilities of the marriage. Divorce essentially ends the legal contract of marriage.

The divorce process does not include making final arrangements for children or financial settlements. Although often very relevant to a separating couple, these arrangements are in addition to the divorce itself and can be dealt with either by agreement or by applications to Court if agreements cannot be reached.

What is the ‘ground’ for divorce?

There is only one ground for divorce and that is that the marriage has irretrievably broken down. However the person applying for the divorce must choose one of five facts to prove that the relationship has broken down.

What are the five facts?

• A partner has had voluntary sexual intercourse with a member of the opposite sex and it is intolerable to live with them any longer.  This is known as adultery  
• A partner has behaved in such a way that a person cannot be reasonably expected to live with them any longer.  This is known as unreasonable behaviour
• A person has been deserted by their partner for a period of 2 years.  This is known as desertion
• A couple have lived apart for at least 2 years immediately preceding the divorce and there is consent to the divorce being granted.  This is known as 2 years separation with consent
• A couple have lived apart for at least 5 years immediately preceding the divorce and for this, no consent is required. This is known as 5 years separation

If you are considering beginning divorce proceedings please speak to one of our legal experts on  01352 752020 or complete our online enquiry form and a member of the team will contact you directly.

Divorce Law