Grounds for Divorce : Betteridges

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Our strong team will ensure that you are offered an individual service specially tailored to your needs.

Wherever you are in the UK - or even the world – we can handle your divorce case. Consultations can be conducted over the phone at your convenience.

Grounds for Divorce

In England and Wales the only ground for divorce is the irretrievable breakdown of the marriage.

To show that a marriage has broken down irretrievably the individual making the application for divorce must prove one of the five following grounds for divorce.

These grounds for divorce are:

Adultery
One of the commonly cited grounds for divorce is adultery. Defined as where the respondent has had sexual intercourse with another person of the opposite sex and that it is unbearable to continue living with him or her. Proof of adultery is necessary or the respondent must admit to the infidelity.

If the respondent has had a relationship that has not involved sexual intercourse or if the sexual relationship is with an individual of the same sex then it is recommended that the basis for divorce is unreasonable behaviour.

Even though you have knowledge of your spouse’s adultery you are still able to live together for a time up to six months.

Unreasonable behaviour
Unreasonable behaviour is now one of the most frequently used grounds for divorce. You need to convince the court that your spouse has behaved in such a manner that you cannot reasonably be expected to continue living with him or her.

Unreasonable behaviour may include financial profligacy, extreme drinking or spending a disproportional time following a career.

Desertion
This ground for divorce requires you to have not lived with your spouse for two years continuously and that your spouse intends to stop living with you permanently and that this is without your approval.

Two Year Separation
The foundation for a divorce on this basis will require you to satisfy the court that you have been separated from your spouse, with consent, for at least a period of two continuous years. Both parties must also give consent to the divorce.

Five Year Separation
To be granted a divorce on this, you and your spouse must have lived apart for five years previous to the presentation of the divorce petition. When this is used there is no need for the consent of the respondent.

Betteridges have the professional expertise and practical experience necessary to assist you in your particular circumstances. We offer an initial 30 minutes consultation free of charge and with no obligation which can be by phone or in person.