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Grounds for Divorce

Divorce Rights home > Divorce explained > Grounds for Divorce                         

 

To start divorce proceedings you need to establish:

- You have been married for more than a year

- The English Court has the jurisdiction to divorce you

- Your marriage has "irretrievably broken down" supported by one of five facts below.

The five facts are:

  • Adultery  

Your husband/wife has had sex with another person of the opposite sex and you find you cannot live with him/her anymore. You cannot divorce on the basis of your own adultery.

  • Behaviour

Your husband/wife has behaved in a way that it is unreasonable to expect you to continue to live together. Behaviour can be unpleasant verbal abuse such as name calling, a suspicion of an affair, lack of sexual relationship or more serious behaviour such as violence.

  • Desertion

Your husband/wife has deserted you for a period of two years or more. For example, your husband left you a note saying "I'm leaving you".

  • Separation for two years

You have been separated for two years and your husband/wife will agree to the divorce.

  • Separation for five years

You have been separated for five years.

 

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