Divorce Grounds

If you are thinking about divorcing your husband or wife and are unsure about what divorce grounds are available to you then you may need to speak to a specialist divorce solicitor.

The law on divorce is governed by the Matrimonial Causes Act 1973. Under this piece of legislation a petitioner (the person who wants a divorce) must show that the marriage has irretrievably broken down. There are five ways of showing this, and the following are the two most common divorce grounds used:

The other partner has committed adultery:

This can be used when your partner has committed adultery with a person of the opposite sex. Adultery with someone of the same sex is not considered as adultery in England and Wales, but unreasonable behaviour (see below). If you have discovered that your partner has committed adultery and want to use this as divorce grounds then you must do within six months of finding out. If you were to carry on living with your partner for six months after you discovered your partner had an affair then it is unlikely that the court would grant you a divorce based on adultery as too much time has gone by.

The other partner has behaved unreasonably:

Whether or not your partner has behaved unreasonably will be for a judge to ultimately decide. Common examples include excessive drinking, ignoring family responsibilities and having an affair with a person of the same sex. If you would like to know more about whether you can use this as divorce grounds for a divorce then we can transfer you to an experienced divorce solicitor who can answer any questions you may have.

If you would like to obtain advice on divorce grounds, then Contact Law can put you in touch with a local family law firm free of charge. So, if you have any questions or would like our help in finding local divorce law specialists please call us on 0800 1777 162 or complete the web-form above.