Divorce Grounds

Talk to a divorce lawyer and they will tell you that you will need to fulfil one of the divorce grounds to enable you to file for divorce in the UK. So what are they and how do they work? Find out in our divorce grounds guide...or check out lots more UK divorce advice...

If you have been married for more than a year in the UK (England and Wales) then you can apply for a divorce by claiming the one true divorce grounds - the irretrievable breakdown of marriage and this can be supported by one of following five facts.

Divorce Grounds: Adultery

If you claim adultery then you must prove either through an actual admission or through evidence collected that your spouse has had, or is having an extramarital affair. If they have been seeing someone but stopped short of sexual intercourse then you must use the Unreasonable Behaviour fact.

You can name the people involved, although this can make things more messy and is not essential. You should take legal advice on this before proceeding. You must also file the divorce petition within six months of discovering the adultery.

Divorce Grounds: Unreasonable Behaviour

To claim this Divorce Grounds you must prove that your spouse has behaved in such a way that you cannot reasonably live with them. Unsurprisingly, this is the most common grounds for divorce used as it can cover such a wide variety of behaviours. This can include everything from heavy drinking to physical abuse, spending too much time on their career and even having a separate social life fit into this category.

Some people 'do deals' with their spouse and use a 'mild' unreasonable behaviour to avoid putting down something damaging on the divorce petition. This can make the divorce easier.

Divorce Grounds: Desertion

This is where you partner has left you for more than two years without your consent. As you would imagine this is rarely used.

Divorce Grounds: Two Year Separation

If you have been living apart for two years or more you can simply use this fact on the divorce petition as long as you both agree to it.

Divorce Grounds: Five Year Separation

If you have been living apart for five years or more either one of you can file for divorce without the other's consents.