Grounds for Divorce UK

Grounds for Divorce UK
 Shakeela Bi
Written by: Alice Williams Legally reviewed by: Shakeela Bi Updated: In: Family

What are the Grounds for Divorcing your Spouse in the UK?

The breakdown of a relationship is always a challenging time for the couple involved. If you have both decided that divorce is the only option, then knowing the grounds for divorce UK is a good step in pursuing legal proceedings to separate. It can seem daunting at first, but our expert family law solicitors are well trained in guiding you through the divorce process as painlessly as possible, so you can get on with the rest of your life.

AWH Solicitors is a provider of legal aid services, so legal aid may be available to you.

Contact us today for helpful advice on your divorce process.

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Please note: We are a solicitor firm with offices in Manchester and Blackburn, United Kingdom, and can only assist in family law matters to those living in England and Wales.

Grounds for Divorce UK

What are the grounds for divorce UK?

Grounds for divorce are a set of regulations that largely outline all of the potential reasons that would grand a couple a divorce from the UK courts. In most cases, unreasonable behaviour is the most common reason for a divorce in the UK as it allows you to legally divorce without needing to be separated for at least 2 years before you can do so.

In order to divorce in the UK, there are some requirements you must fulfil. These are:

  • You must have been married for at least 12 months
  • One member of the marriage must live in England or Wales, or if living abroad you must consider England or Wales to be your permanent home
  • You must satisfy the court that you qualify for one of the grounds for divorce

The grounds for divorce UK are:

  • Adultery

You must be able to prove 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.

  • Unreasonable behaviour

You must be able to prove that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her. This could include instances of excessive drinking or financial extravagance.

  • Desertion

This ground for divorce is almost never used because it involves proving that a spouse had a mental intent to divorce throughout a 2 year period that they had deserted their partner for:

  • 2 year separation with consent

If you and your partner have agreed to live apart for at least two years after the presentation of your divorce petition, and you both agree to a divorce, then this is also considered grounds for a divorce.

  • 5 years separation with no consent required

If you and your spouse have been living apart for five years after the presentation of your divorce petition then this is considered grounds for divorce, and your former partner does not have to consent.

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Read more about how our solicitors can help you with your divorce proceedings

How can AWH help me with my divorce proceedings?

Our specialist divorce solicitors are both highly trained and experienced in sensitively guiding former couples through divorce proceedings.

From helping you decide what is the best grounds for divorce to simplifying any complicated paperwork, our UK solicitors can take any unnecessary stress out of an already difficult situation. We can also help with writing your Will and setting up Power of Attorney, so all your matters are dealt with in one place.

Contact our family law solicitors today to start the process and be able to move forward.

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