The Basis For Divorce
Copyright (c) 2011 Gary Storer
The breakdown of a marriage is both a sad and stressful time for those involved, and with one in three marriages in the UK ending in divorce, it is likely to affect all our lives in one way or another.
While the divorce process itself is not a particularly complex procedure, it is helpful to know on what grounds a divorce can be made, particularly as the legislation has evolved throughout the years. This article explores what exactly must be proved if a divorce is to be successfully obtained.
The 5 Facts of Divorce. In England and Wales, there is in fact only one ground for divorce, and that is that the marriage has broken down irretrievably. However, to prove that the marriage has indeed broken down irretrievably, the husband or wife filing for divorce - known as the 'Petitioner' - must provide the court with written evidence against their spouse - the 'Respondent' - that at least one of the following five facts has occurred:-
1. Adultery.
To file for divorce on the ground of adultery, the Respondent must have had sexual intercourse with another person of the opposite sex, subsequently making it intolerable of the Petitioner to live with him/her. To prove adultery occurred, the means of evidence must be used or an admission of guilt from the Respondent must be sought. However, you cannot use the fact of adultery is the extra-marital relationship was with someone of the same sex, or did not specifically involve sexual intercourse. Furthermore, the use of adultery as grounds for divorce will be compromised if you continue to live with your spouse for more than 6 months after learning of the adulterous act.
2. Unreasonable Behaviour.
The fact of unreasonable behaviour means that the actions of your spouse are such that it is unreasonable to expect you to live with him/her. The court will want to hear a detailed report of your spouse's behaviour, including particular traits and specific events. Additionally, the court will be interested to know if your spouse's unreasonable behaviour has had a negative impact on your health, and if this is so, a Doctor's certificate reporting the damaging effects can be useful.
3. Two Years of Desertion.
The fact of desertion relates to the event whereby either the husband or wife parts from their spouse for a period of two years or more, without their spouse's consent. The details of desertion must therefore incorporate the following:-
o The separation was against the wishes of the Petitioner;
o The Respondent intends to continue living separately from the Petitioner on a permanent basis;
o The Respondent does not have reasonable cause for wishing to stop living with the Petitioner (such as unreasonable behaviour).
However, desertion is rarely used as a ground for divorce, as there are a number of things that can hinder its success, including:-
o The Respondent made a reasonable offer to resume cohabitation, but the Petitioner unreasonably refused;
o The Respondent has given a reason to stay away from home;
o There has been an attempt at reconciliation, meaning the necessary time period of 2 years separation is no longer applicable.
4. Two Years of Separation.
If you and your spouse have been living in different locations for a period of between two and five years, then this can be used as ground for divorce - but only if your spouse agrees.
This issue becomes a little more complicated when couples agree that their marriage has been over for two years or more, but are still living under the same roof. In such incidents, the court will assess each case individually, taking into consideration living arrangements, such as whether things like sleeping, eating, and paying bills are done together, or separately.
5. Five Year of Separation.
However, if a couple has been separated for five years or more (and this can be proven) then a divorce can be granted - this time without the agreement of the Respondent.
Summary.
If your marriage has broken down irretrievably and you feel reconciliation is simply not possible, then you might be considering the option of divorce. If this is so, it is a good idea to speak to a family solicitor, who can advise you on what options are available to you, and the best way to proceed.
About the Author
Need Family Solicitors Birmingham? http://www.pearsonrowe.co.uk/services-for-individuals/family.html
If you are looking for friendly and approachable Birmingham Solicitors http://www.pearsonrowe.co.uk/home.html, we can help you.
Gary Storer is Practice Manager for Pearson Rowe Solicitors Birmingham.
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