What are the grounds for divorce UK?
Prior to April 2022, the law required a person seeking a divorce to satisfy the Court that the legal test of irretrievable breakdown of marriage was met by citing in the divorce petition one or more of the following five “facts” as the grounds for divorce: namely: desertion, adultery, behaviour, 2 years separation with consent or 5 years separation without consent. This often led to heated battles and character assassinations, adding tension and conflict to an already unhappy situation.
Since the introduction of the Divorce, Dissolution and Separation Act 2020 in April 2022, the only ground is the irretrievable breakdown of marriage. The new no fault divorce law ends the need to blame or find fault in the grounds for divorce. An application for divorce today simply requires you to tick a box confirming that your marriage has irretrievably broken down, and no further evidence will be required.
The intention behind the new law is that the decision to divorce should be a considered one, and that separating couples should be able to have a more amicable divorce or dissolution.
Do I need a reason to divorce?
Yes, under the no fault grounds for divorce you only need to confirm that the marriage has irretrievably broken down. No other grounds for divorce, or specific facts are required.
According to the Cambridge Dictionary, irretrievable means “impossible to correct or return to a previously existing situation or condition”.
Irretrievable breakdown of marriage can therefore be defined as a situation in which either or both the parties no longer wish to live together, and the relationship is damaged to the point that it cannot be repaired and continuing the marriage will only further cause loss and damage to the parties.
It is a marriage with no hope of reconciliation no matter how much therapy and/or counselling a couple receives.
In a recent Supreme Court of India case the definition of “irretrievably broken down” was defined as “…. the marriage must be totally unworkable, emotionally dead and beyond salvation”.
The reason for the breakdown of the marriage can still include any of the situations which made up the old grounds for divorce such as behaviour or adultery. Issues that could cause a marriage to irretrievably break down could also include: extra-marital affairs, lack of sexual intimacy, financial problems, loss of trust, being separated, inability to communicate, violent or abusive behaviour, growing apart due to different goals and interests, different political or religious beliefs.
The main difference under the new no fault divorce law and the previous grounds for divorce is that the causes for the breakdown of the relationship do not need to be explained in the application form.
How do you prove a marriage has irretrievably broken down?
By signing the Statement of Irretrievable Breakdown in the divorce application. This can be done solely, or jointly by both spouses making a joint divorce application.
No other facts or information is required to prove the irretrievable breakdown of the marriage under no fault divorce law. The signed statement is taken as conclusive and sufficient evidence that the marriage has irretrievably broken down.
Can we divorce whilst still living together?
Yes, it is possible. This situation is not uncommon and many couples choose to continue living in the same house for various reasons. These could include financial concerns, the wish to maintain a stable environment for any children, or simply to avoid the upheaval of moving out. Couples no longer need to demonstrate that they are living separate lives to divorce.
Can I still divorce based on a spouse’s adultery or behaviour?
Yes and no. You can still use their adultery or behaviour as the reason why you consider the marriage to have irretrievably broken down, but you cannot specifically cite adultery or behaviour as a ground for divorce under no-fault divorce.
Under the no-fault divorce law, it is no longer necessary to provide any specific details such as behaviour, adultery, desertion, or separation. The only ground is that either one of you, or both, consider the marriage to have irretrievably broken down.
Can I contest/dispute the grounds for divorce
Contesting a divorce today is far more difficult than was previously the case. You can only dispute the divorce if you have a legal reason. These include:
Jurisdiction – if you of your partner live in another country, the courts in England and Wales may not be handle your application.
If you can prove that the marriage or civil partnership was never valid. For example, if the marriage/civil partnership was not conducted in accordance with the laws of the country in which you married, meaning you did not enter a legally legitimate marriage/civil partnership.
If the marriage/civil partnership has already legally ended. For example, if you’ve already gone through divorce proceedings in another country.
If any of the reasons for contesting a divorce apply, you will need to file a response to the application explaining your reason for disputing the proceedings.
What if I don’t want a divorce?
As the only ground for divorce now is that one or both parties believe the marriage has irretrievably broken down, it does not matter whether you challenge or disagree with the application for divorce. No other facts have a bearing on the divorce process or outcome.
Frequently asked questions about the grounds for divorce
Do you have to wait 2 years for a divorce?
No, you no longer have to be separated for 2 years before you can divorce with both parties consent. Under no fault divorce, as long as you have been in a marriage or civil partnership for 1 year or longer, and one of you considers the marriage/partnership to have irretrievably broken down – you are entitled to commence proceedings without any period of waiting or separation.
Does it matter who files for divorce first in the UK?
It makes no difference whatsoever who files for divorce. An application for divorce or dissolution can be made by one person or jointly by both spouses/partners.
What is the minimum time for divorce in the UK?
The minimum period to complete the divorce/dissolution process is approximately six months. It is important to remember that dealing with financial matters is a separate process.
Is it possible to apply for a quick no fault divorce?
There are no “quickie divorces”. The divorce process has a timetable which includes the mandatory 20-week reflection period. The timescale is the same for every divorce. On average a divorce takes 30-35 weeks.
Where you can save time is by dealing with financial matters within the 20 week period.
Do both parties have to agree to divorce?
No, only one party needs to consider the marriage or civil partnership to have broken down.
I want a divorce after 9 months of marriage – is this possible?
To commence divorce proceedings you must have been married for at least 12 months. If you believe the marriage to have irretrievably broken down, you could always formally or informally separate until you are able to commence divorce proceedings. If you wish to formalise your separation you could enter into a Separation Agreement.
How can I end my marriage within 12 months?
For a divorce or dissolution of a civil partnership you must wait at least 12 months before being able to commence proceedings to end the relationship. Whilst you cannot get a divorce or dissolution, there are some alternatives available within the 12 months:
If you believe your marriage was not legally valid, you may be able to obtain an annulment on the grounds it is a void marriage.
Alternatively, you could claim the marriage is a voidable marriage if certain conditions are met such as the marriage was not consummated, or the wife was pregnant by another man at the time of marriage.
You can enter into a Separation Agreement, which lets you and your partner agree on separation details in preparation for divorce or dissolution.
Do grounds for divorce affect financial settlement?
The reason for the breakdown of the relationship has no bearing on the financial settlement arising from a divorce or dissolution. Whilst there is no set formula that a Judge uses when it comes to determining a financial settlement on divorce, there are a set of principles that a Judge will use to reach a fair outcome. These three key principles are: needs, sharing, and compensation.