Grounds for Divorce and Civil Partnership Dissolution

There is only one ground for getting divorced and that is that your marriage has irretrievably broken down.

The irretrievable breakdown has to be evidenced by one of five facts:

  1. Unreasonable behaviour – four or five examples of behaviour that means that you cannot reasonably be expected to live with your spouse anymore.  
  2. Adultery – this is defined as sexual intercourse by a married person with someone of the opposite sex who is not their spouse. For that reason, you cannot rely on adultery if you are in a civil partnership or same sex marriage.
  3. 2 years’ separation with the consent of the other party
  4. 5 years’ separation – no consent is needed.
  5. Desertion.

No Fault Divorce

The most common fact relied upon for divorce is unreasonable behaviour.  

Many people using this have mutually decided that the marriage is over and yet are forced to make allegations of unreasonable behaviour in order to divorce.  This can cause unnecessary distress and interfere with the swift and amicable resolution of children and financial matters.

For that reason, Burroughs Day support Resolution in their campaign to introduce a ‘No Fault Divorce’ so that couples can simply divorce on the basis that they agree that their marriage has irretrievably broken down.

Contact our team of expert family solicitors to discuss your needs. We offer confidential FREE first advice. Call our team on 0117 929 0333 or email.


Team members

News

Burroughs Day family lawyer travels to parliament to call for No Fault Divorce

December 01, 2016

Marjha Golding-Evans, Head of Family Law at Burroughs Day, travelled to Parliament yesterday to meet with her local MP, Mark Harper – the Member of Parliament for the Forest of Dean. ...

Bulletins

What is 'Unreasonable Behaviour'?

June 16, 2017

Unreasonable behaviour is one of the five facts you could use to prove that element of irretrievable breakdown....

Bulletins

Q & A: Financial contributions from an ex-partner during divorce

June 28, 2017

With many of our clients, we find that we are asked the same questions time and time again regarding the financial responsibilities during divorce proceedings. One of the more common questions is in r...

Bulletins

Relocation, Relocation, Relocation

June 22, 2017

Following separation, it is not unusual for one parent to consider relocating, for example to be with a new partner, start a new job or be closer to family members.  If the other parent does not agree...

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