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Michael Cook
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Tony Dolbear
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Marion Wells
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His Honour Michael Cook
Tony Dolbear
Marion Wells
Consultant
Legal Executive
Legal Executive
     

Grounds for Divorce

    • A divorce can only be granted if it is decided by the Court that the marriage has irretrievably broken down (Matrimonial Causes Act 1973 Section (1.1)). The breakdown must be evidenced by one of five facts:


Fact 1- Adultery

Two elements to be proved:

(a) that the respondent has committed adultery and

(b) the petitioner finds it intolerable to live with the respondent.


DivorceAdultery is usually proved by a confession statement signed by the respondent or by the respondent simply answering "yes" to the relevant question in the acknowledgement of service. It is no longer necessary to name the person with whom it is alleged the respondent has committed adultery, or to make them a co-respondent unless costs are being claimed against them. If the parties continue to cohabit for a period or a number of periods exceeding six months after the petitioner is aware of the adultery it is condoned and cannot be a ground for divorce.


Fact 2 - Behaviour

The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. It is preferable to keep the allegations to the minimum necessary to establish the fact. A good practice is to include in the examples of behaviour, the "first, worst and last". The Resolution Code of Practice recommends "Considering with the client whether the other party or his or her solicitor should be contacted in advance about the petition, the "facts on which the petition is to be based and the particulars, with a view to coming to an agreement and minimising misunderstanding".

Unlike adultery, cohabitation for a period longer than six months does not prevent a petition being granted on the grounds of behaviour but the longer the cohabitation, the more difficult it will be to persuade the court that the petitioner cannot reasonably be expected to live with the respondent.



Fact 3 - Desertion

The respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition. This is often the most difficult fact to establish. The petitioner must prove:


  • an intention to desert
  • the separation was not by consent or agreement
  • the respondent had no just cause for leaving
  • the desertion has been continuous, ignoring, but not including, a period or periods of co-habitation not exceeding six months
  • the desertion is continuing at the date the petition is filed.


 Fact 4 - Two years separation and consent

The parties have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (referred to in the Matrimonial Causes Act 1973 as 'separation') and the respondent consents to a decree being granted. The two year period only starts after the date of separation, but separation is still possible even if the parties are still living under the same roof if the petitioner can establish there are two separate households. There are two elements: separation and consent.

 

Fact 5 - Five years separation

The parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the petition (Matrimonial Causes Act 1973 Section 1 (2) (e)).

No consent is required and the only answer is for the respondent to show that dissolution of the marriage would result in grave financial or other hardship to them and that in all the circumstances it would be wrong to dissolve the marriage. The hardship is usually financial, where the respondent may lose the chance of acquiring a benefit if the marriage is dissolved, such as loss of entitlement to a widow's pension



 


Contact the team on 0800 043 053 8 or 01202 551 991

e-mail an enquiry

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Family Law Home Page

Our Services

  • Pre-marital agreements
  • Cohabitation agreements
  • Divorce
  • Separation
  • Civil Partnership termination
  • Division of Assets & income
  • Pension sharing
  • Child residence & contact
  • Child maintenance
  • Injunctions
  • Inheritance Claims
  • Wills & Inheritance Tax
  • Public Funding (Legal Aid)








    • divorce agreements
     
    Town and Country Planning - Design, Applications, AppealsLicensing (Alcohol, Plays, Films, Sports, Food, Gambling)
    		 Dispute resolution Commercial, Residential and Foreign Property Tax, Wills and Inheritance Health and Safety, Pollution, Food, Vehicles Waste Regulation, Pollution, Agreements Pre-martial agreements, child maintenance, divorce


    Michael Cook
    image above to view this person's profile
    Tony Dolbear
    image above to view this person's profile
    Marion Wells
    image above to view this person's profile
    His Honour Michael Cook
    Tony Dolbear
    Marion Wells
    Consultant
    Legal Executive
    Legal Executive
         

    Grounds for Divorce

      • A divorce can only be granted if it is decided by the Court that the marriage has irretrievably broken down (Matrimonial Causes Act 1973 Section (1.1)). The breakdown must be evidenced by one of five facts:


    Fact 1- Adultery

    Two elements to be proved:

    (a) that the respondent has committed adultery and

    (b) the petitioner finds it intolerable to live with the respondent.


    DivorceAdultery is usually proved by a confession statement signed by the respondent or by the respondent simply answering "yes" to the relevant question in the acknowledgement of service. It is no longer necessary to name the person with whom it is alleged the respondent has committed adultery, or to make them a co-respondent unless costs are being claimed against them. If the parties continue to cohabit for a period or a number of periods exceeding six months after the petitioner is aware of the adultery it is condoned and cannot be a ground for divorce.


    Fact 2 - Behaviour

    The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. It is preferable to keep the allegations to the minimum necessary to establish the fact. A good practice is to include in the examples of behaviour, the "first, worst and last". The Resolution Code of Practice recommends "Considering with the client whether the other party or his or her solicitor should be contacted in advance about the petition, the "facts on which the petition is to be based and the particulars, with a view to coming to an agreement and minimising misunderstanding".

    Unlike adultery, cohabitation for a period longer than six months does not prevent a petition being granted on the grounds of behaviour but the longer the cohabitation, the more difficult it will be to persuade the court that the petitioner cannot reasonably be expected to live with the respondent.



    Fact 3 - Desertion

    The respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition. This is often the most difficult fact to establish. The petitioner must prove:


    • an intention to desert
    • the separation was not by consent or agreement
    • the respondent had no just cause for leaving
    • the desertion has been continuous, ignoring, but not including, a period or periods of co-habitation not exceeding six months
    • the desertion is continuing at the date the petition is filed.


     Fact 4 - Two years separation and consent

    The parties have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition (referred to in the Matrimonial Causes Act 1973 as 'separation') and the respondent consents to a decree being granted. The two year period only starts after the date of separation, but separation is still possible even if the parties are still living under the same roof if the petitioner can establish there are two separate households. There are two elements: separation and consent.

     

    Fact 5 - Five years separation

    The parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the petition (Matrimonial Causes Act 1973 Section 1 (2) (e)).

    No consent is required and the only answer is for the respondent to show that dissolution of the marriage would result in grave financial or other hardship to them and that in all the circumstances it would be wrong to dissolve the marriage. The hardship is usually financial, where the respondent may lose the chance of acquiring a benefit if the marriage is dissolved, such as loss of entitlement to a widow's pension



     


    Contact the team on 0800 043 053 8 or 01202 551 991

    e-mail an enquiry

    Free online chat

    Family Law Home Page

    Our Services

  • Pre-marital agreements
  • Cohabitation agreements
  • Divorce
  • Separation
  • Civil Partnership termination
  • Division of Assets & income
  • Pension sharing
  • Child residence & contact
  • Child maintenance
  • Injunctions
  • Inheritance Claims
  • Wills & Inheritance Tax
  • Public Funding (Legal Aid)