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Previously, you had to cite one of five grounds for divorce. Nowadays, however, this is not the case. Marriage and divorce have evolved over time and with that, you don’t have to ‘prove’ the reason for a breakdown in the relationship. This new process, introduced in April 2022, is called a no-fault divorce.
In this article, I outline the old grounds for divorce and what the new ground is according to the Divorce, Dissolution and Separation Act 2022.
If you’re thinking of getting a divorce, please visit our family page for more information or contact us directly on 0203 007 5500.
What were the grounds for divorce?
Before April 2022, you had to cite one of five grounds for divorce when filing your application. These were:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years of separation with consent
- Five years of separation without consent
Now, you no longer have to cite one of these grounds for divorce. Instead, the divorce will proceed on the basis of “no-fault”. This signifies that the marriage has irretrievably broken down.
Although one of the previous grounds may be a genuine reason for the marriage deteriorating, you no longer have to evidence this when filing for divorce.
You can find more information on the changes to divorce in our no-fault divorce blog.
Did you know?
To apply for a divorce, you must be married to your partner for at least one year.
You can apply for an annulment or legal separation during your first year of marriage.
1. Adultery.
The first ground for divorce was adultery. Adultery is when:
- A married man is having sexual intercourse with a woman other than his wife.
- A married woman is having sexual intercourse with a man other than her husband.
Therefore, in the eyes of the law, it’s currently not considered adultery if:
- There’s a non-marital relationship, but they haven’t had sexual intercourse.
- There has been sexual intercourse, but it’s with someone of the same sex.
2. Unreasonable behaviour.
Unreasonable behaviour was the most common ground for divorce, as it acted as an umbrella term for several types of actions. Some examples include:
- Domestic abuse
- Financial recklessness
- Social isolation
- Inappropriate relationship with another person
- Excessive/lack of sex
- Alcoholism
- Excessive/lack of socialising
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3. Desertion.
Desertion was when someone’s spouse deserted them for a continuous period of at least two years. Desertion only applied when:
- Your spouse left without your agreement.
- Your spouse left without good reason.
4. Two years separation with consent.
For someone to use two years of separation with consent as a ground for divorce, the following criteria had to apply:
- The parties must have lived separately for two years immediately before petitioning for divorce.
- Both parties had to agree to the divorce.
5. Five years separation without consent.
For someone to use two years of separation with consent as a ground for divorce, the parties must have lived separately for five years immediately before they petitioned for divorce.
For this ground for divorce, the person seeking divorce didn’t need to obtain the other person’s permission.
Can I use no-fault as a ground for divorce?
From the 6th of April 2022, no-fault divorce applies. This is where a marriage breakdown doesn’t require any evidence of wrongdoing. The marriage breaking down is enough of a reason to file for a divorce.
The no-fault divorce process makes the five grounds for divorce obsolete, but I’m sure they will still shape decision-making for couples navigating a relationship breakdown.
If you are exploring the idea of a divorce, you can find more information on the new process on our no-fault divorce blog. If you want to proceed with filing for divorce, we can help. You can book an initial consultation with us to discuss your options.
Why contact Britton and Time Solicitors?
Working with a specialist divorce solicitor provides the best chance of achieving your desired outcomes, including child and financial arrangements. In any divorce case, our solicitors require an initial consultation where we guarantee:
- Unlimited time to discuss the details of your divorce and ask any questions.
- An overview of your legal standpoint and your available options.
- A clear time and fee estimate for your case.
To contact one of our divorce solicitors, please contact us on 0203 007 5500 or via email on [email protected]
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