Do I have grounds for divorce?

In order to be entitled to a divorce, you must have been married for at least 12 months and you must satisfy the court that your marriage has irretrievably broken down. To do so you must prove one of the following five facts:

1. Adultery

Your spouse has had sexual intercourse with a person of the opposite sex and you can no longer bear to live with them.

In order to petition for divorce on the grounds of adultery you must not have continued to live with your spouse for more than six months after finding out about their adultery.

In order to issue your divorce proceedings on this basis your solicitor would usually seek confirmation from your spouse that they will admit that they have committed adultery as it is generally difficult to prove without a confession.

2. Unreasonable behaviour

Your spouse has behaved so badly that you cannot reasonably be expected to continue to live with them.

Allegations of unreasonable behaviour can include, but are not limited to, physical or verbal abuse, excessive use of alcohol or use of drugs, lack of interest in spending time with you, financial irresponsibility and refusing to help with household tasks. It will be necessary for your solicitor to prepare a statement of case setting out your allegations to be included in your petition.

3.Desertion

Your spouse has left you without your consent and without good reason for more than two years.

4. Two years separation and consent

You and your spouse have lived separately for at least two years and your spouse agrees to be divorced.

5.Living apart for more than five years

If you and your spouse have lived separately for more than five years then you would be entitled to a divorce even if your spouse does not agree to be divorced.

For more information about the grounds for divorce, or to discuss any aspect of family law, contact Janine Hutson on 01772 258321 or janine.hutson@harrison-drury.com