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Welcome to our Alphabet Information Series. Today’s topic is Grounds

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Welcome to our Alphabet Information Series.  Today’s topic is G for Grounds. 

Everyone asks, “do I have grounds for divorce?”  Others have a list of reasons they’re sure must be “grounds’ for divorce”. But are they?

The grounds for divorce are a set of rules outlining the circumstances under which a person will be granted a divorce by the Courts in the UK.

Unreasonable behaviour is the most common reason(fact) for a divorce in the UK as it means couples can divorce without needing to wait until they've been separated between two and five years. However, unreasonable behaviour is a ‘fact’ to be relied upon and not a ‘ground’ for divorce.  The explanation for this is because there is only one ground for divorce under English law. This ground is the irretrievable breakdown of your marriage.

To prove that a marriage has irretrievably broken down there are five facts (reasons) that can be used:

  1. Adultery
  2. Unreasonable behaviour.
  3. Two years separation, with Consent
  4. Five years separation, without Consent
  5. Desertion

Unreasonable Behaviour, is by far the most common used and usually requires the person applying for the divorce (Petitioner) to show examples of their spouse’s behaviour which satisfies the Court that their spouse behaved in such an unreasonable manner that the Petitioner finds it impossible to continue living with them.

 

Depending on your individual situation, choosing the right reason for divorce can be complex and will require some thought. If you’re confused and need more information and/or advice call 01246 555 610 to arrange a free, no obligation consultation with one of our experienced solicitors.

 


By Administrator on 24 Sep 2019, 12:33 PM

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