What are the grounds for divorce?
The grounds for divorce are an irretrievable breakdown of the marriage relationship. A finding of irretrievable breakdown means that there is no reasonable chance of reconciliation, and can be shown by evidence that the parties have lived separate and apart for at least 6 months before filing for divorce, or that there is serious martial discord adversely affecting the attitude of one or both parties toward the marriage.In other words, if you want a divorce, you can get one just because you want it, and there is almost nothing your spouse can do to stop you. Further, you need not be specific about the reason(s) why you want a divorce: it is enough that you believe the marriage is beyond hope of reconciliation. There may be serious dispute over the terms and conditions of the divorce, but there can be virtually no dispute over whether or not you are entitled to a divorce.
In England, Wales and Scotland, there is only one basic ground for divorce – the irretrievable breakdown of the marriage. Irretrievable breakdown is proven by establishing one or more of the following ‘facts’: • Adultery • Unreasonable behaviour • Desertion (this ground can no longer be used in Scotland) • Two-year separation in England and Wales or one-year in Scotland, when the other party consents to a divorce • Five-year separation in England and Wales or two-year in Scotland, in which case no consent is needed Find out more about divorce and the grounds for divorce.
In fact there is only one ground for divorce and that is that the marriage has “irretrievably broken down”. However, in order to establish this you will need to prove one of the five facts; adultery, unreasonable behaviour, desertion, two years separation with the consent of the other party or five years separation.
