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’.

Here are the ones our lawyers hear the most:

• Addiction issues (alcohol, drugs or gambling)
• Suspicion of affairs (To cite adultery you need to prove that your spouse has had sex with a member of the opposite sex) or inappropriate relationships with other people.
• Interference from in-laws and a lack of support from the spouse
• Not helping with the children or running the home
• Sex – not enough, too much of or loss of interest
• Money issues

• Unusual sexual practices/ fetishes
• Spying and tracking partner
• Spouse not completing DIY- no bathroom door for 2 years
• Being bullied into going on theme park rides
• Not buying a Christmas present
• Going to the gym too much
• Turning vegan
• Addicted to cycling/running etc

Camilla Burton-Baddeley, a Senior Solicitor from the Stowe Altrincham office explains:

“We are definitely seeing a trend in the more imaginative use of unreasonable behaviour as a reason for divorce.

Previously it was money problems or drinking that would be cited frequently but it can be anything that an individual considers to be unreasonable, even if others do not.”

The number of divorces being granted on the grounds of unreasonable behaviour is steadily increasing. In 2017, unreasonable behaviour was the most common reason for opposite-sex couples divorcing with 52% of wives and 37% of husbands petitioning on these grounds.

Camilla explains:

 “Most people are not prepared to wait two years to get divorced, which is the closest option we have for a no-fault divorce. They have made the decision to move on with their lives and citing unreasonable behaviour means they can start the process quickly.

Until we have the option of no-fault divorce, I believe we will continue to see the definition of unreasonable behaviour stretched even further.”