So what are the grounds for divorce?
In order to be granted a divorce you need to demonstrate to the court that there are valid reasons for the marriage to be brought to an end. Our mediators and solicitors can help you with this. There are four major grounds for divorce. If you have not been separated for two years there are two main ways that you can claim for divorce:-
This means that your partner has engaged in sexual relations with a party of the opposite sex. If the relationship is with a member of the same sex you can not claim for adultery as a reason for divorce, but you can petition the courts and we can discuss a form of words for you.
As a result of this, you can not countenance living with them for any longer. If you have lived with your partner for six months after you have found out about the adultery then you can not give this as a reason for divorce. In any case, it is not usually that the third party is named as part of the divorce.
This means that your partner has behaved so badly that you can not bear to live with them. Grounds for unreasonable behaviour include abuse, whether that is verbal (insults or threats of violence) or actual physical violence. However, there are other reasons which can be included as unreasonable behaviour.
Drug taking or abuse of alcohol (drunkenness) can be given as reasons. Additionally, lack of communication and physical affection can be classed as good reasons as well as Intolerable to live for divorce.
There is also the possibility to draw up, and purchase a legally binding separation agreement for your divorce.
Other reasons for divorce are:-
To be deserted means that your partner has left you. There are several ways in which desertion is defined. The desertion must be without a good reason and without your agreement. It also should have the intent of ending your relationship.
The period of desertion must be greater than two years in the last two and a half years.
Obviously, with desertion parties are usually not able to attend mediation but you will still need a miam assessment.
Living apart – for two, or five years
If you have lived apart for over two years you can usually obtain a divorce if your husband or wife agrees to this in writing. This is the most common ground used and in most cases it leads to what is called a ‘no fault’ divorce settlement.
If you have lived apart for five years or more this is usually sound grounds for divorce even if your partner does not agree to the divorce.
Can you get a divorce for no reason?
The legal system in England are looking to change the law at some point soon to enable a no reason divorce but the law about divorce is hundreds of years old. Speak to a Solicitor and get legal advice as family law and your situation my prove money well spent.
Whatever your reason for divorce then the practical discussions around financial and children are highly likely you will need Aspire Family Mediation