A divorce is a difficult enough situation, trying to provide sufficient financial resources to support two homes when previously there was one, without matters being made worse by both parties having to contend with the added expense of solicitor’s fee’s. Here is our step-by-step guide to a divorce, helping you to understand proceedings and providing potential clients with the information they need to conduct their own online divorce and saving them a great deal of money along the way.
What Are Grounds for Divorce?
The only ground for a divorce is the irretrievable breaking down of a marriage. In this situation, the party bringing the divorce proceedings is known as the ‘petitioner’, while their spouse is called the ‘respondent’. To show there has been an irretrievable breakdown in the relationship, the petitioner must be able to prove one of the following five facts:
- The respondent has committed adultery and the petitioner now finds them intolerable to live with;
- The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them;
- The respondent has deserted the petitioner for a continuous period of at least two years immediately before the start of the divorce;
- 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;
- You have lived apart for a continuous period of at least five years immediately before the start of the divorce.
The reasons given for the majority of divorces are adultery, unreasonable behavior or having been separated for two or five years. For each of the facts for divorce there are a number of matters which need to be considered:
Adultery
If you are petitioning for a divorce on grounds of adultery, there is no need to involve or name the third party in the court proceedings.
In the instance of civil partnerships seeking dissolution, adultery cannot be relied upon to be sufficient ground for divorce.
If the petitioner continues living with the respondent for a period or periods totalling six months after the adultery took place, then adultery cannot be relied upon to be sufficient grounds for divorce. However, if the respondent continues to commit adultery then the period of six months does not begin until after you learnt of the last act of adultery.
Behaviour
The test for behavior is subjective and varies from case to case. In some circumstances it will take the form violence, drug or alcohol addiction, whilst in other cases a combination of less obvious behaviours will be sufficient. This may take the form of working too much (or too little), or showing too little (or too much) affection; or a combination of behaviours.
Similarly to adultery cases, if the petitioner continues to live with the respondent for a period or periods totaling six months or more after the last incident such behavior occurred, unreasonable behavior cannot be relied upon.
Separation for Two or Five years
For this ground to hold firm you must have been living separately from your spouse for at least two or five years prior to the filing of the petition. If relying on the fact that you have been separated from your spouse for two years, the consent of the respondent must also be obtained for the granting of the decree.
For separation of two to five years to be accepted as the ground for divorce, then:
- You and your spouse must both have permanent homes (known as ‘domicile’) in England or Wales when the application is started, or
- You and your spouse must both be living in England or Wales when the application is started, or
- You and your spouse must both have had your last home in England or Wales and one of you must still be living in either of these countries when the application is started, or
- Your spouse must be living in England or Wales when the application is started, or
- You must have been living in England or Wales for at least a year on the day the application is started, or
- You must have your permanent home in England or Wales and have been living in either of these countries for at least six months on the day the application is started.
That’s it for part 1 of our complete guide to divorce. Read The Howells Solicitors Guide to Divorce – Part 2 here.
