What are the grounds for Divorce?
Posted on 27th December 2017
At MG Legal we understand that going through a separation or divorce can be one of the hardest times in a person's life. Our expert Solicitors in Lancaster have over 13 years of experience in dealing with divorce and related family matters, and can help you to get your life moving forward.
As of 2018 there is only one ground for divorce, and five facts which can be used to support the ground or grounds. Contact our expert team of Lancaster Solicitors or read our article below for more information.
The only ground which currently exists for divorce in England and Wales is that the marriage has broken down irretrievably (section 1(1) of Matrimonial Causes Act 1973). Another requirement is that the parties must have been married for at least a year. For a divorce petition to be successful, the person who is issuing the divorce petition (also known as the petitioner) must prove the ground by using one of the following five facts:
If your spouse has committed adultery (and you have not lived with them for more than six months since you found out) you can petition on this basis.
2. Unreasonable Behaviour
If your spouse has behaved in such a way that you cannot reasonably be expected to live with them, you can issue a divorce petition on this basis. If you have not been separated for two years or more, and your spouse has not committed adultery, then this is generally your only option as, unfortunately, no-fault divorce does not yet exist in the UK.
Unreasonable behaviour can include physical or verbal attacks, drug use, alcohol abuse, lack of affection and relations, amongst other examples. If you and your spouse are amicable and you don't want to 'mud-sling', then contact us. Our expert solicitors' team in Lancaster can guide you on how to word the particulars (details of your spouse's unreasonable behaviour) to help you keep matters amicable. Give us a call on 01524 581 306 or email us on email@example.com.
If your spouse has left you and you have not lived together for at least two out of two and a half years or they have left you without agreement, you can petition on the basis of desertion. However, to prove a petition based on desertion can be difficult as you must prove that your spouse intended to desert you. For more information on whether you could issue based on desertion, contact MG Legal's expert team of Lancaster Solicitors.
4. Two Years' Separation With Consent
If you and your spouse have been separated for two years or more, and you both agree to the divorce, you can issue a divorce petition on this basis. Your spouse must consent to the divorce in writing, too.
5. Five Years' Separation
Like with two years' separation, you do not have to provide any details of your spouse's behaviour or provide any details, other than the date of separation (as precisely as possible, even if you can only provide a month and a year). Unlike a petition based on two years' separation, a petition based on five years' separation does not require your spouse's written consent.
Once you have decided what basis to issue your divorce petition on, you can then start the process. There are four main stages to the divorce: the issuing of the petition, the completing and returning of the Acknowledgement of Service document by your spouse, the decree nisi stage and the final stage: applying for decree absolute.
If you want advice on how to proceed with your divorce and what grounds you can issue your petition on, or you are ready to proceed and get your life back on track, contact our expert team in Lancaster on 01524 581 306 or email us on firstname.lastname@example.org.
MG Legal - Your Local Family Solicitors.
Tagged as: Divorce, Family Law, Family Solicitors Lancaster, Garstang Solicitors, Lancaster Solicitors, Law, Longridge, MG Legal, Preston Law, Solicitors in Lancaster
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