There is a common misconception in the minefield that is family law that there are 5 grounds for divorce.
Prime time BBC show ‘Only Connect’ fed into that misconception on their latest show on 27th September. When answers ‘desertion’, ‘adultery’, ‘unreasonable behaviour’ and ‘2 years separation with consent, 5 years without consent’ were given, the correct answer which linked said answers was confirmed by the host to be ‘grounds for divorce’.
Any family lawyer knows this not to be the case. There is in fact, by law, only one ‘ground’ for divorce. This is that there has been an irretrievable breakdown of the marriage.
Where the confusion comes in is that for a marriage to be deemed to be irretrievably broken down, at least one of five facts must be met:
Adultery
This fact can only be used where one or both parties have engaged in a sexual relationship with a member of the opposite sex outside of the marriage, and can only be used within six months of the sexual relationship being discovered.
Behaviour (commonly known as unreasonable behaviour)
This is the most commonly used fact in England and Wales and accounts for around 45% of all divorce applications. To use this fact the applicant spouse must give 4-5 examples of behaviour which has amounted to them no longer being able to bear living with the respondent spouse.
Desertion
This fact can be used where the respondent spouse has left without consent for a continuous period of at least two years.
Two years separation
This fact applies where the parties have lived apart (or led separate lives) for more than two years prior to the divorce. Both parties must consent to the divorce in these circumstances.
Five years separation
This fact applies where the parties have lived apart (or led separate lives) for more than five years prior to the divorce. The respondent party does not need to consent to the divorce in these circumstances and a Court will usually grant the divorce on the basis of the length of the separation alone.
Come 6th April 2022 new law will come into force by way of the Divorce, Dissolution and Separation Act 2020, creating a ‘no-fault divorce’ system. This new system is designed to enable married couples to issue divorce proceedings without assigning blame. Whilst unwelcome to many, the change in law will no doubt make the process easier to understand and rid the misconceptions around the current system.
The new law will retain the single ground for divorce – irretrievable breakdown of the marriage – but will remove the requirement to cite a ‘fact’ in support as discussed above.
If you are confused about what to do next or need advice as to how to move forwards, our experienced team of family lawyers are here to support you.
Contact us on 0114 218 4000 or email info@tayloremmet.co.uk to find out more for how we can help you through your divorce.
