Do you have grounds for divorce?

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At Farnworth Rose, we often speak to people who have decided they want to end a marriage but are unsure whether they have grounds for divorce.

In this article, our specialist family solicitors explain the grounds for divorce and why it’s important to seek legal advice as soon as possible.

What are the grounds for divorce?

In England and Wales, the only ground for divorce is that the marriage has irretrievably broken down.

To demonstrate that the marriage has irretrievably broken down, you will be required to prove one of the following five facts:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years’ separation with consent
  • Five years’ separation with no consent required

There are specific conditions which apply to each of the five facts. In order to be confident that you have the right information when applying for a divorce, it is vital that you speak to an experienced solicitor.

How to know which fact to use when applying for divorce

Especially where a couple has simply grown apart, it can be difficult to know which fact to use when applying for a divorce.

Unreasonable behaviour is the most common fact used to prove the ground for divorce. To demonstrate unreasonable behaviour, you will need to demonstrate that your spouse has behaved in such a way that you cannot be reasonably expected to continue living with them.

Unreasonable behaviour can cover a wide range of situations from lack of support to verbal abuse, controlling behaviour, domestic violence or illegal drug use.

How a specialist family and divorce solicitor can help you

If you are seeking a divorce, we would always advise that you speak to a qualified solicitor as soon as possible.

Your solicitor can discuss your circumstances with you and provide expert advice on which fact you should use when completing the divorce petition to ensure the best possible outcome for you.

Our head of family law, Craig J Baldwin, has over 35 years’ experience advising clients on the divorce process. By choosing Farnworth Rose, you will have one of the most experienced family law solicitors in the North West on your side.

Talk to our specialist family and divorce law team today

To talk to the friendly team at Farnworth Rose about how we can help you, call us on 01282 695 400.

Or, if you’d prefer to arrange a call back at a time that suits you, simply complete our online contact form here.