Grounds For Divorce

You need to be married for at least one year before you can divorce.

There is only one legal ground for divorce, which is that a marriage has irretrievably broken down. The person who starts proceedings, (called the 'Petitioner') must prove that the marriage has irretrievably broken down by establishing one of the following five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • 2 years separation (with the consent of the other party)
  • 5 years separation (no consent required)

We are here to guide you on the grounds for divorce. It might be that you are not ready or able to divorce (because you cannot satisfy one of the five facts) and in this situation we can talk you through your options and discuss entering into a Separation Agreement. Whether you simply want to discuss the grounds for divorce or are ready to divorce we offer clear free initial legal advice on your options and the way forward.

How long will it take?

An undefended divorce will normally take between 4 to 6 months. However, it is often the case that the Court will not finalise the divorce until the finances have been resolved. It is therefore important to seek legal advice as early as possible. We can assist with ensuring that the process is completed as quickly and as smoothly as possible for you so as to avoid any additional unnecessary stress and upset.

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