Grounds for Divorce in English Law

In England and Wales the divorce process begins with the submitting of a divorce petition to the local county court.  One part of the petition details the grounds on which the divorce is being applied for.  To satisfy the court that there has been an irretrievable breakdown in the marriage the person petitioning for the divorce must be able to prove one of the official grounds for separation.

Unreasonable Behaviour

The term 'unreasonable behaviour' could apply to many things.  However in English law for a divorce to be granted for this reason the petitioner must prove two things.  Firstly they should demonstrate that there has been an irretrievable breakdown of the marriage.  Secondly they must show that their partner has acted in such an unreasonable manner that living with them is no longer tolerable.

Adultery

Giving adultery as the reason for divorce is only available if it is the non-petitioner who has been having the affair.  A person who wishes to apply for a divorce on the grounds of adultery must do so within six months of the affair taking place.  If they are unable to do this they will have to file for the divorce giving a different reason.

Two Year Separation

If the divorce is uncontested by the non-petitioner then it may be granted on the grounds that the couple have lived separately for two or more years.  When divorcing on these grounds it is worth bearing in mind that any assets acquired during the time of separation will be included when it comes to the division of the couple's assets.

Five Year Separation

On occasions where the divorce is contested by the spouse and no other grounds for divorce can be proven then a separation period of five years or more is required.  If the couple have lived apart for five years then the court may grant the divorce regardless of the feelings of the non-petitioner.

About the Author:

Premier Divorce are a firm of divorce solicitors in Manchester. Specialising in high net worth divorce cases Premier Divorce can advise on all aspects of English law including ancillary relief.