On what grounds can I file for a divorce?

Currently, there is only one ground for divorce or dissolution of a civil partnership in the UK, and that is irretrievable breakdown of the relationship. To establish that the relationship has irretrievably broken down, you have to prove one of the five facts: 

• Adultery – this is voluntary sexual intercourse between a man and a woman who are not married to each other but one or both of whom is or are married. It is important to note that an applicant cannot file for divorce based on his or her own adultery.  
• Unreasonable behaviour – You must prove that your partner has behaved in such a way that you cannot reasonably be expected to live with him/her.
• Desertion – You must prove that your partner has intentionally deserted you without a cause and without your consent for at least 2years before the petition is filed at court. Your partner does not need to agree to this fact, but you will need to check it will not be contested.
• 2 years separation with consent – You and your partner must have lived separately and apart for at least 2 years before the petition is filed at court and your partner must consent to the divorce proceeding using this fact.
• 5 years separation – You must show that you and your partner have lived separately for a continuous period of five years before the petition is filed at court. Your partner’s consent is not needed.

However, as of April 2021, couples who wish to separate will no longer have to rely on one of the five facts above, to prove that their relationship has irretrievably broken down. The new law will ultimately Trust the judgment of the couple involved.  It will provide separating couples the option to make a joint application for divorce, remove the possibility to contest a divorce, and introduce a minimum period of 20 weeks from the initial proceedings until a decree absolute of divorce has been granted. The hope is that by removing blame, couples can avoid unnecessary conflict, making the process of divorce cheaper faster and amicable. 

Here at Franklins, our experienced solicitors can make the divorce process easier for you. If you need advice and assistance, please contact our Family Team on 01604 828282 / 01908 660966 or email Family@franklins-sols.co.uk.