Divorce and Grounds for Divorce

A divorce case and the costs involved DO NOT automatically include the costs of sorting out matters in relation to children, for example getting agreement on contact and residence, or the thorny issue of finances. These are ancillary cases which will be dealt with by separate court cases unless an agreement is reached amicably between the two parties.

Grounds for Divorce
There is really only one ground for divorce – the irretrievable breakdown of a marriage. This is proved by establishing one or more of the following ‘facts’:

Unreasonable Behaviour
You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her. Unreasonable behaviour is now the most common fact on which to prove the grounds for divorce in England and Wales. In an unreasonable behaviour petition, the petitioner sets out a number of allegations against the respondent.

It's worth bearing in mind that the court doesn't insist on really severe allegations of unreasonable behaviour in order to grant a divorce. Relatively mild allegations such as devoting too much time to a career, having no common interests or pursuing a separate social life may suffice. Using mild allegations may make it easier to agree the contents of the petition with your spouse.

Adultery
You must prove through actual admission or through sufficient circumstantial evidence that your spouse has had sexual intercourse with another person of the opposite sex and that you find it intolerable to live with your spouse. If a sexual liaison short of sexual intercourse has taken place, it's suggested that the unreasonable behaviour ground is used instead.

You can name the other person involved as a co-respondent but this isn't essential and can have serious consequences. Doing so can make the proceedings more acrimonious, more complicated and more drawn out. It's therefore usually best to avoid naming a co-respondent. If you wish to name the other person, you should take legal advice before doing so.

Adultery can be used as the basis for a divorce petition whether you and your spouse are still living together or have separated. Not more than six months must have elapsed since you became aware of the adultery before the petition is sent to the court, unless the adultery is continuing.

Two Year’s Separation
By consent you and your spouse have been living apart for at least two years immediately preceding the presentation of the petition and you both agree to a divorce.

Five Year’s Separation Without Consent
You and your spouse have been living apart for at least five years immediately preceding the presentation of the petition. In this instance, your spouse need not consent to the divorce.

Desertion
This is where your spouse has deserted you for a continuous period of at least two years. This fact is almost never used.