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Grounds For Divorce
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 for free initial legal advice, call us on 01603 717520.