What Are The Grounds For Divorce

This is very specific indeed and can be difficult to prove. Taking this route can sometimes be tempting if your spouse has indeed committed adultery. However there are a number of important factors and misconceptions to be aware of, which our guide ‘Is Adultery and Infidelity: Grounds for Divorce?’, examines further.

This means that your partner has behaved in such a way that you can no longer be reasonably expected to continue living with them. It can cover a whole range of situations from relatively minor behaviour to verbal abuse, controlling behaviour, domestic violence and illegal drug use.

This is actually the most common reason cited in divorce petitions as it covers a broader spectrum of possibilities. Any infidelity that does not constitute adultery (as mentioned above) may be relied upon to demonstrate unreasonable behaviour.

In order to use desertion to demonstrate the end of a marriage, the offending spouse must have done the following:

• Left without a just cause to do so
• Left without your agreement or consent
• Left with the intention of deserting their spouse
• Left for a continuous period of at least two years immediately before the presentation of the petition

It is possible to obtain a divorce based on separation. If you have been living apart for more than two years you are eligible to bring your marriage to an end but your spouse must give their consent for the divorce to proceed.

If you have been apart for more than five years, your spouse’s permission is not required. However, if you divorce on this basis you must be aware that if your spouse manages to prove grave hardship as a consequence of the divorce, the court can make an order that you remain married. It is essential to obtain legal advice if you are considering a divorce relying on this ‘fact’.