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Grounds for Divorce

If you are planning to apply for a divorce, you will need to explain in your divorce petition why your marriage has broken down. This is because, in the UK, there is currently no option for ‘no fault’ divorce, so you must show that your partner is to blame for the failure of your marriage in order to be granted a divorce.

 

People often talk about your “grounds for divorce” meaning the reasons you give in your divorce petition for wanting to end your marriage. However, there is technically only one grounds for divorce under current English law – that your marriage has broken down. The explanation for why this has happened that you include in your divorce petition is instead known as your “reasons for divorce”.

 

For your divorce to be granted by a court, you will need to show one of the following reasons for the breakdown of your marriage applies in your situation:

 

Adultery – Where your spouse has had sex with someone else of the opposite sex

 

Unreasonable behaviour – Where your spouse has behaved in such a way that you can no longer reasonably live with them.

 

Desertion – Where your spouse has left you without your agreement, without a good reason and with the intention to end your relationship for at least 2 years out of the last 2.5 years.

 

Separation for more than 2 years – Where you have lived separately for over 2 years and your spouse agrees to the divorce.

 

Separation for more than 5 years – Where you have lived separately for over 5 years whether your spouse agrees to the divorce or not.

 

Choosing the right reasons for your divorce can make a significant difference to how quickly and easily your divorce goes ahead, so it is important to give this careful consideration and take specialist legal advice before moving forward with your divorce petition.

 

 If you are thinking about getting a divorce, please get in touch with our divorce solicitors in London and across the South East now for friendly, sensitive advice.

 

You can call us on 020 3281 7885 or contact your local Crisp & Co office.

 

 

 

 

 

 

 

Exploring the reasons for divorce

 

Adultery

 

This is where you spouse has had sexual intercourse with someone of the opposite sex other than you. Sexual intercourse in this context can potentially cover a range of activity, including oral sex, but not kissing or virtual sex.

 

Adultery cannot currently be given as a reason for divorce if the infidelity was with someone of the same sex. This would instead fall under ‘unreasonable behaviour’ (see below). You also cannot give adultery as a reason for divorce if you continued to live together for 6 months or more after you found out about the infidelity.

 

While adultery is a straightforward reason for ending your marriage, it can also be difficult to use as it usually relies on your spouse admitting the adultery. If they are not willing to admit to adultery, they may choose to defend the divorce or launch their own divorce proceedings, potentially resulting in your divorce taking longer and costing more.

 

Unreasonable behaviour

 

This is where your spouse has behaved in such a way that you can no longer reasonably live with them. Unreasonable behaviour can cover a wide range of issues and you will often need to give several examples of different ways your partner has behaved unreasonably in order for this to be considered sufficient by a court to grant your divorce.

 

Common examples of unreasonable behaviour include your partner spending too much time at work or out with friends, failing to support you emotionally, refusing physical intimacy, refusing to contribute financially and excessive drinking, gambling or other potentially harmful behaviour.

 

Unreasonable behaviour also covers more serious issues, such as your partner being physically, verbally or emotionally abusive and drug-taking.

 

Unreasonable behaviour is by far the most common reason given for ending a marriage and is usually the easiest and least contentious. This is because you do not have to wait for a set period of time before you can divorce (as you do with the other 3 options listed below) and because you can choose reasons your partner is less likely to object to than adultery, such as their working too much.

 

Desertion

 

This is where your spouse has left you (i.e. moved out of your shared home) for at least 2 years in the last 2.5-year period and they did so without your agreement, without a valid reason and with the intention to end your relationship.

 

A key point with desertion is that you can still use this as your reason for divorce even if you separated, then your spouse returned for a time to try to work on your marriage before leaving again, as long as they did not return for more than 6 months total in the last 2.5 years.

 

Valid reasons for your spouse leaving might include if they were working abroad, serving in the armed forces or otherwise living away with your agreement and with the intention to return to you after the period away ended.

 

Separation for more than 2 years

 

This reason can be used if you and your spouse have lived separately for over 2 years and your spouse agrees to end your marriage. Living separately will usually mean living under separate roofs and independently of each other.

 

This is a straightforward way to end your marriage (as long as your spouse consents to the divorce) but does require you to wait for 2 years before applying for your divorce. This can be problematic if you want your marriage to be over sooner, for example, if you wish to remarry or simply want the issue resolved so you can move on.

 

If you and your spouse are both happy to divorce, it is usually faster and easier to do so using unreasonable behaviour as the reason.

 

Separation for more than 5 years

 

This reason can be used if you and your spouse have lived separately for over 5 years, even if your spouse does not agree to end your marriage. Again, living separately will usually mean living under separate roofs and independently of each other.

 

This is arguably the simplest way to end your marriage, as you can simply apply and have the divorce granted without needing your spouse’s agreement. However, 5 years is a long time to wait to end your marriage and this option is normally only used if your spouse is determined to contest the divorce and you would prefer to avoid going to court over it.

 

Why choosing the right reasons for your divorce matters

 

What reasons you can and should use for divorce will depend on the circumstances. In most cases, using unreasonable behaviour will allow you to get divorced the fastest and with the least conflict.

 

This is because, if your spouse is happy to end your marriage, you can simply agree between you what examples you will give of their unreasonable behaviour that they will be willing to accept. As long as you consult with an experienced divorce lawyer to ensure the examples given are likely to be sufficient to satisfy a court, this can allow your divorce to move forward swiftly and smoothly.

 

If you instead use divorce, it is much more likely your spouse will object and decide to defend the divorce. This can happen even if your spouse has agreed privately that they committed adultery as they may not want this to be officially recorded and made public.

The other reasons – desertion and separation – all require you to wait set amounts of time to apply for divorce, so using these options can make your divorce take much longer.

 

Choosing the right reasons for ending your marriage can therefore help your divorce to go ahead much sooner and with less conflict.

 

Grounds for civil partnership dissolution

 

There are 4 accepted reasons for dissolving a civil partnership:

 

  • Unreasonable behaviour
  • Desertion
  • Separation for more than 2 years
  • Separation for more than 2 years

 

These all work the same as for divorce, the only difference being that adultery is not an option. This is because, as stated previously, adultery under English law only refers to sexual intercourse between people of the opposite sex and civil partnerships were originally only intended for same sex couples.

 

While someone in a civil partnership could theoretically be unfaithful with someone of the opposite sex, there is no specific provision for this when it comes to civil partnership dissolution. Instead, all times of infidelity by a civil partner come under ‘unreasonable behaviour’.

 

What about no fault divorce?

 

No fault divorce is where a married couple can simply agree that they no longer with to be married and this is considered enough for a divorce to be granted. While this is an option in several other countries and can remove a lot of the conflict involved in divorce, it has never been an option under English law.

 

However, this could all be due to change as the UK government has launched an open consultation on reform of the legal requirements for divorce. This consultation has the stated aim to “shift the focus from blame and recrimination to support adults better to focus on making arrangements for their own futures and for their children’s”.

 

The announcement specifically states that the proposal includes “removing the ability to allege “fault””. While it will be some time before the consultation is complete and any decision is taken on implementing the results, this could very well be the first step to introducing no fault divorce in England and Wales.

 

 

 

 

 

Why choose Crisp & Co for your divorce?

 

Crisp & Co’s specialist family lawyers are experts in removing the conflict from divorce and separation. With decades of experience, we can provide the practical and emotional support you need to make ending your marriage as swift, smooth and simple as possible, while ensuring your interests and those of your loved ones are protected.

 

Our team includes trained mediators and collaborative lawyers, who can assist you with resolving all of the issues surrounding divorce without the need for court action. This includes making financial settlements and arrangements for children.

 

Our divorce lawyers are members of Resolution, a group of family lawyers committed to removing the conflict from family law. This reflects our commitment to keeping divorce amicable wherever possible.

 

However, we recognise that not all divorces can be resolved out-of-court and we also have strong experience with divorce courts. Our divorce lawyers can offer the expert representation and skilled advocacy needed to secure the right result for your divorce under even the most difficult circumstances.

 

Get in touch with our divorce solicitors in London & South East England

 

For help with a defended divorce, please contact our divorce solicitors in London and across the South East now by calling 020 3281 7885 or contacting your local Crisp & Co office.

    Children and Divorce FAQs

    What does divorce mean legally?

    A divorce legally ends your marriage and leaves you free to re-marry.

    Won't getting lawyers involved make things hostile?

    In order to obtain a divorce, you will have to apply to a Court but it is most unlikely that you will have to go to the Court.

    Crisp & Co's divorce solicitors in London work within the Resolution Family Law Group protocol which endeavours to minimise the emotional distress of divorce on all members of the family. For more information see the Resolution code/protocol page.

    Crisp & Co lawyers also support Mediation as a way of resolving family and matrimonial breakdown. Mediation is the process by which couples seek to resolve the issues relating to divorce, dissolution, finance and children, without the need for Court involvement. More information can be found on our mediation page.

    We also have solicitors specialising in the Collaborative Law process, which promotes an open and non-confrontational approach to relationship breakdown. More information can be found on our collaborative law page.

    If you have any concerns and would like to discuss your options, please do not hesitate to contact our divorce lawyers in London.

    Can I use the same solicitor as my spouse?

    Solicitors are not permitted to act for both parties to a divorce. This is known as a ‘conflict of interest’, so it will be necessary to instruct another firm to represent you.

    How will our family assets be split?

    The way in which a family’s assets are divided on divorce is complex and referable to both the governing legislation and the interpretation of that legislation handed down by the higher Courts. A whole range of factors are taken into account, which include the length of the marriage the financial assets and liabilities of the parties and their children’s needs.

    For more information, you will need an appointment to discuss your particular circumstances with a lawyer. However, general information can be found on our divorce and finances page.

    How long does it take to get divorced?

    Following the introduction of no-fault divorce, proceedings now take a minimum of 26 weeks. This is because there is a minimum 20-week wait for the Conditional Order (previously known as Decree Nisi) to be issued and then a further 6-week wait after this for the Final Order (previously known as Decree Absolute) to be issued.

    What are the grounds for divorce?

    In order to get a divorce in England or Wales, you must have been married for at least one year under a legally recognised marriage, and you must also, in most cases, have a permanent home in England or Wales.

    In order to apply for divorce, you will have to prove that your marriage has ‘irretrievably broken down’. Under the previous rules, to prove the irretrievable breakdown of the marriage, a couple would have to rely on an established ‘reason’, such as adultery, unreasonable behaviour, desertion or separation.

    Now, with no fault divorce, providing a reason for the breakdown of the relationship is no longer required. A statement of irretrievable breakdown is all that is required when filing for a divorce application.

    Do you have to go to court for a divorce?

    It is actually very rare for divorce cases to proceed to court. In many situations and wherever possible, a non-confrontational process will be used. If you are engaging a solicitor who is a member of Resolution (see question ‘What is Resolution?’) then they will have signed up to this sort of approach and will encourage the use of alternative methods of reaching agreements, such as mediation and collaborative law.

    Do I need a solicitor for divorce?

    Individual circumstances are likely to dictate whether it will be beneficial to engage the professional services of a divorce solicitor.

    However, even with the introduction of no-fault divorce, if there is any hint of complexity associated with your divorce, including if the division of finances is complex or if there are children involved, then you should give serious consideration to using a solicitor.

    If you and your spouse own significant assets or are in business together; if there are overseas connections; if one of you has been declared bankrupt, or if you expect to be financially dependent on your spouse once the divorce has been finalised. In most cases, it would be to your advantage to engage a solicitor to guide you through the negotiations to secure your position for the future.

    Our London divorce solicitors can support you throughout every stage, answering any questions you have along the way.

    What if my spouse lacks mental capacity?

    You are still able to apply for a divorce if your spouse lacks mental capacity and is unable to agree to the divorce or take part in the case. Your spouse will need to have someone representing them so that decisions can be made. This person is known as a ‘litigation friend’ and can be a close friend, a family member or someone else they feel they can trust. If there is no one suitable for this role then an application can be made to the court to appoint a litigation friend.

    What is collaborative law?

    Collaborative law is a process by which people can work towards a resolution to the issues they are facing during their relationship breakdown. Each party appoints their own solicitor, but instead of negotiating by telephone or letter, discussions take place courtesy of a series of four-way meetings. By working together it is easier to reach an outcome that considers the best interests of the entire family. Direct communication helps to keep everything on a more even keel, particularly where children are involved and with the help of your collaborative lawyer, you will find it easier to make mutually beneficial decisions between you and your spouse.

    What is mediation?

    Mediation is a method by which separating couples can agree and resolve the typical issues that arise during the divorce process. During mediation you will work with an impartial guide who will act much like an umpire, guiding you and your spouse through face to face discussions about matters such as children and finances. The mediator is a trained individual who will not represent either party but will instead be impartial.

    Once an agreement has been reached, the mediator will draft a ‘Memorandum of Understanding’ to formally set out the proposals. Your solicitor will then use this to draw up your official agreement and further advise you.

    Mediation is not suitable for all situations, but it is the right approach for many people and if there is a need for court proceedings to be issued then you will usually be expected to at least have attended a meeting concerning mediation (a Mediation Information and Assessment Meeting - MIAM).

    If your solicitor believes that a MIAM is not appropriate or necessary, perhaps because proceedings need to commence urgently or because domestic violence is involved, then they will let you know.

    What is Resolution?

    Resolution is an organisation that you will more than likely hear mentioned during the course of your divorce. There are 6,500 members, all of them family lawyers and other professionals, and every one of them is dedicated to the constructive resolution of family disputes. Members follow a code of conduct backed by a non-confrontational approach, encouraging solutions that take into account the needs and best interests of the entire family, in particular the children.

    How much does a divorce cost?

    Unfortunately, there is no straightforward answer to this question. The legal costs depend on the length of time it takes to reach an agreement both in respect of the divorce and the division of the family finances. However, at Crisp & Co we pride ourselves on offering the most competitive rates for the best expertise.

    We do understand that it is important that you know from the outset what your legal fees are likely to amount to. For this reason, we provide each and every client with a bespoke costs plan and time estimate from the very first appointment (for which there is no charge) with regular updates as needed.

    Our London divorce lawyers will ensure that you are entirely happy with your fee before we proceed.

    Who pays solicitors fees in a divorce in the UK?

    During divorce proceedings, the applicant will typically be responsible for paying the divorce application fee.

    With a joint application, one couple will be responsible for paying the fee, but an arrangement can usually be made between both parties to split the bill.