Healys LLP on grounds for divorce

A very happy new year to all the Latest Homes readers. We hope that you had an enjoyable Christmas and that you are all sticking to your New Year’s resolutions!

“Many people still believe that you have to wait until you have been separated for two years”

The new year is often a time for change and a time when people re-evaluate their lives. Many people reflect upon their life and perhaps decide to move home or change jobs. Others may decide to change something more radical and after the Christmas break spent with someone they struggle to tolerate, may decide to cut the ties.

If you are in a marriage or civil partnership and wish to bring that stage of your life to an end you may need guidance and support in doing so. Many people still believe that you have to wait until you have been separated for two years before you can issue proceedings, but this is not the case. Whilst in fact there is only one ground for divorce or dissolution, namely that the marriage has broken down irretrievably. You have to prove one of the following:

1 That your spouse has committed adultery (marriages only).
2 That your spouse or partner has behaved in such a way that you cannot reasonably be expected to remain living with them.
3 That you and your spouse or partner have lived apart for a period of at least two years and that you both agree to the divorce.
4 That you and your spouse or partner have lived apart for a period of at least five years.
5 That your spouse or partner has deserted you for a period of at least two years.

From our experience most people behave unreasonably at some stage during their marriage and the test for unreasonableness is in fact subjective, i.e. whether it is unreasonable to a particular person and not whether every person should find it unreasonable.

Drafting the Petition can be daunting and emotional and, if you are deciding to divorce or dissolve your civil partnership and wish to discuss the way forward in respect of the divorce, finances or children, then please feel free to telephone us on 01273 685888. Alternatively, you may choose to email us:
Catherine Taylor: catherine.taylor@healys.com
Kathryn Sawyer: kathryn.sawyer@healys.com