In this article
In the past, you used to have to cite one of five grounds for divorce. Nowadays, however, this is not the case. In this article, we outline the old ground for divorce and the changes that have been made to them.
If you’re thinking of getting a divorce, please visit our family page for more information or contact us directly on 020 3007 5500.
What were the grounds for divorce?
Previously, you used to have to cite one of five grounds for divorce when trying to file for it. These were:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years of separation with consent
- Five years of separation without consent
Now, since no-fault divorce, you no longer have to cite one of these grounds for divorce. One of these may be a reason why the marriage has deteriorated, but now, legally, you do not have to provide evidence to file for it.
For more information on the changes to divorce, have a read of our no-fault divorce blog.
Remember...
To apply for a divorce, you must have been married to your partner for a least one year.
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; or
- 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 acts as an umbrella term for several types of behaviour. 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 had deserted them for a continuous period of at least two years. Desertion only applied when:
- Your spouse has left without your agreement
- Your spouse has left without good reason
4. Two years separation.
For someone to use two years of separation with consent as a ground for divorce, the following criteria had to apply:
- The parties must live separately for two years immediately before they petition for divorce.
- Both parties must 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 following criteria had to apply:
- The parties must live separately for two years immediately before they petition for divorce.
- Both parties must agree to the 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?
A no-fault divorce is where a marriage breakdown does not require evidence of any wrongdoing. Currently, as of the 6th April 2022, no-fault has replaced all of the old grounds for divorce, therefore making them obsolete.
With no-fault, you must just provide a statement of irretrievable breakdown, which needs no evidence to back up. Visit our no-fault divorce blog for more information.
Why contact Britton and Time Solicitors?
If you’re looking to get a divorce, it’s always best to first get in touch with a specialist divorce solicitor. By instructing a divorce solicitor, you have the best chance of the court granting your divorce petition. In any divorce case, our solicitors will always require an initial consultation. In this initial consultation, we guarantee:
- Unlimited amount of time to discuss the details of your divorce and ask any questions you may have.
- An overview of where you stand legally and your available options.
- A clear time and fee estimate for your case.
To contact one of our divorce solicitors, please contact us on 020 3007 5500 or via email on [email protected]
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