What are the grounds for divorce?
There is actually only one ground for divorce and that is the irretrievable breakdown of marriage.
How can you prove to the Court that your marriage has broken down irretrievably?
A Petitioner would have to rely on one of the five facts set out in law to prove irretrievable breakdown of marriage.
What are the five facts?
A) Adultery
Adultery involves sexual relations between the Respondent and an outside party of the opposite sex. If the sexual relationship is with a member of the same sex or if the relationship is not sexual that is not adultery. Evidence of the adultery or a written confession from the Respondent would be required by the Court.
B) The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent
Often referred to as unreasonable behaviour in spite of the fact that it is not the behaviour as such which needs to be unreasonable but the expectation that the Petitioner continue to reside with the Respondent as a result of the behaviour. Behaviour can include mental or physical cruelty, including violence or abuse, and less obvious things such as failure to socialise with the Petitioner or being secretive and controlling in relation to matrimonial finances.
C) Desertion
Desertion means that the Respondent has left home against the wishes of the Petitioner with no good reason. The desertion has to be for at least two years prior to the presentation of a divorce petition. The Court will require evidence of the Respondent’s intention to desert.
D) Two years separation and consent
If the Petitioner and the Respondent have lived separately and apart for two years continuously and both agree to a divorce, a Court will accept this as proof of irretrievable breakdown of the marriage.
E) Five years separation
If the Petitioner and Respondent have lived separately and apart for five years continuously, the Petitioner can apply to the Court for a divorce without the Respondent’s consent.
If you have any questions about divorce then you should contact our friendly and experienced family team on 02920 470909.