Divorce Guide

Grounds for divorce in England and Wales

Divorce takes care of the facts which are actually the reason for the split between the married couple. Any relationship which falls apart is also due to unavoidable circumstances and non-understanding between the two can become a ground for divorce in England and Whales.

Listed below are the main grounds for separation

1. Adultery- It is one of the major causes of divorce in England and Wales. From past decade, these divorces are common and on rise, due to more work space, increasing social circuit and high incomes and inconsistent time of work timings. In the court of law, the partner has to prove that the spouse has been physically involved with someone from outside or is having an affair, by giving circumstantial evidence. The petition can be filed using this as a reason, whether the couple are living together or separately and not after 6 months from the time you know that your spouse is sexually involved with someone else.
2. Unreasonable behavior- A lot can be understated in a behavior which is not be appropriate. The court takes a two-part test if this as a reason is given in the court.
   1. Firstly, there must have been an irretrievable breakdown of marriage.
   2. Secondly, the opposite party must have actually behaved in a manner which is intolerable by the party who has filed the petition in the court that he/she cannot live with the spouse.
   This kind of approach may include, reckless drinking, boozing, addiction to drugs, using bad words for the spouse, inadequate use of money or overspending.
3. Desertion- Desertion is called for in effect as ground for divorce when the one party walks out of the marriage, to never come back again.
4. Two year separation with consent- If the couple has been living separately for last two years, then it is likely for you to live apart for five years. And secondly, whatever the assets required in these two years is liable for division at the time of division of assets. It is one of the major takes in the petition where division of financial assets and children are involved.
5. Five year separation without consent- If the couple has lived separately for five years or more, than you are liable to file the petition without any explanation, but no doubt, the other partner can also defend your petition on various other explanations. Seeking solicitors help is important.

Besides these there are many issues related to divorce, which are important to the couple including financial disputes, division of assets etc. Though this may be also divided amicably between the parties, it can also be advised if the two can go in for a judicial separation, which is rare.

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