What are the legal grounds for divorce? Hegarty Ask the Experts column

What are the legal grounds for divorce?

Pavinder Khela, a lawyer at Hegarty Solicitors, answers:

There is currently only one legal ground for divorce, that “the marriage has broken down irretrievably”, which must be proved by one of five facts. A person can petition for a divorce after one year of marriage but three of the five facts upon which a divorce must be based require a separation period of at least two years. If this does not apply or you want a divorce sooner, the facts that can be relied upon are “adultery” by a spouse or their “unreasonable behaviour”.

Once spouses have been separated for two years, a divorce can be applied for if both parties consent. Without consent, it will be necessary to wait for five years. The remaining fact upon which a divorce can be based is if your spouse has deserted you for a period of more than two years.

However, the legal grounds for divorce are set to change in April 2022 with the introduction of The Divorce, Dissolution and Separation Act 2020, which will allow married couples to divorce without assigning blame.

If you would like to understand more about how the current – or upcoming – divorce laws may impact you, or if you require practical, helpful advice and support with regards to divorce, make an appointment with our family law experts at Hegarty Solicitors.

Call our Stamford office on 01780 752066 or our Oakham Office on 01572 757565 or e-mail pavinder.khela@hegarty.co.uk.