Divorce

The Basis for Divorce

There is now just one ground for divorce in England and Wales and that is that the marriage has broken down irretrievably.

In order to prove this to a court the parties need to give evidence in writing (in the divorce petition) of any one of the 5 Facts, which needs to be accepted by the court.

The 5 Facts are :-

1. The adultery of the other spouse.

2. The unreasonable behaviour of the other spouse.

3. 2 years desertion.

4. The couple have lived apart for 2 years and the other spouse consents to divorce.

5. The couple have lived apart for 5 years (in which case no consent is needed).

The majority of divorces are undefended and are granted on one of the first two Facts.