It’s important that you are as well-informed as possible when entering into a legal divorce. At Broadbents Solicitors, your divorce lawyer will always endeavour to provide you with the comprehensive information you need, and to guide you on the best steps to take. One of the common concerns or questions that we hear is whether or not someone has grounds for divorce. Divorces are taken very seriously in a court of law, and certain requirements must be met for a divorce to be granted. Divorces can be costly, both financially and emotionally, so it is important to understand before hand what your grounds for divorce may be, and if possible to agree this with your ex-partner.
The 5 legally acknowledged grounds for divorce are as follows:
If your husband or wife has had a sexual relationship with someone of the opposite sex, you can claim for divorce on the grounds of adultery. Please be aware, it is currently not legally counted as adultery if the relationship is with someone of the same sex as your husband or wife, even if you are in a same-sex marriage. You are also unable to claim adultery as the reason for your divorce if you have continued to live with your husband or wife for 6 months after discovering the adultery.
2. Unreasonable Behaviour
Unreasonable behaviour covers a range of options, including but not limited to physical violence, verbal abuse, and drug or alcohol addiction. To find out whether your individual circumstances allow you to claim unreasonable behaviour and therefore grounds for divorce, speak with one of our divorce lawyers who will be able to advise you.
You have grounds for divorce based on desertion if your husband or wife has left you; without agreement; without a good reason; to end your relationship; or for more than 2 years within the last 2.5 years.
4. Separate Living for More Than 2 Years
If you both agree to the divorce, you can cite this as the reason. Your husband or wife must agree to this in writing.
5. Separate Living for More Than 5 Years
If you do not both agree to the divorce, you can file for a divorce after 5 years of living apart, even without written consent from your husband or wife.
If you are facing the possibility of a divorce and are unsure of what steps you should take, contact Broadbent Solicitors today and speak with one of our expert divorce lawyers. We are here to help you with your situation and offer the very best advice for your circumstances. We have a range of local branches so can be available to you where you are. Call your nearest office today.