Can I divorce my partner for adultery?
There are five grounds for divorce in the United Kingdom, all arising from a “irretrievable breakdown” of the marriage. The grounds are as follows:
- Living apart for more than two years (with the consent of divorce);
- Living apart for more than five years (with no consent of divorce);
- Unreasonable behaviour; and
An individual seeking to proceed on the grounds of adultery (the petitioner) should note that they must meet their specific requirements, which include:
- Satisfy the definition of adultery. Therefore, the petitioner can only initiate divorce proceedings if their partner has had sexual intercourse with someone of the opposite sex.
- The petitioner must be able to prove the adultery.
- The petitioner must file the divorce petition within six months of the adultery incident. The deadline is six months because the petitioner must show that they cannot bear to live with their spouse any longer.
In a circumstance where it’s difficult to prove adultery or the six-month deadline has passed, you’re able to petition on the grounds of unreasonable behaviour.