Grounds and facts of divorce

In English law there is only one ground for divorce and that is that the marriage has broken down irretrievably.

The person who starts the divorce proceedings is known as ‘the petitioner’ and their spouse is called ‘the respondent’.

To satisfy the court that there has been an irretrievable breakdown the petitioner must prove one of the following five facts:

(a) The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.

To rely on adultery either your spouse must admit it, or you much have evdience that sexual intercouse has taken place.

(b) The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

This is known as "unreasonable behaviour. You need to give the court 5 or 6 short examples of behaviour you consider to be unreasonable in the circumstances of your marriage.

(c) The respondent has deserted the petitioner for a continuous period of at least two years immediately before the start of the divorce.

This is known as desertion, and must be a real and proper desertion.

(d) You have lived apart for a continuous period of at least two years immediately before the start of the divorce and the respondent consents to a decree being granted.

This is known as 2 years separation by consent - and you must have the consent of your spouse to petition utilising this fact.

(e) You have lived apart for a continuous period of at least five years immediately before the start of the divorce.

This one does what it says on the tin!

Amanda