WHEN CAN I GET A DIVORCE
You can get a divorce in England & Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in England & Wales (including same-sex marriage)
- Either you or your husband/wife meets the jurisdictional requirements for divorce in England & Wales, based on habitual residence or domicile.
In some circumstances a divorce may not be suitable or applicable. Depending on the circumstances of your case, it may be more appropriate to annul your marriage, where legal grounds exist, or legally separate. An annulment or legal separation can be applied for within the first year of marriage.
Can I Get A Divorce If My Spouse’s Whereabouts Are Unknown?
You can still get a divorce in England & Wales if your husband or wife is missing. Our divorce lawyers will help you with the procedures to follow where you do not know the whereabouts of your husband or wife. The divorce process may take longer than normal in cases where the whereabouts of the Respondent are unknown.
Grounds For Divorce
You can apply for a divorce on the grounds that your marriage has broken down irretrievably and cannot be saved. This means that either one or both of you feel that you cannot stay married to each other. Either of you may apply to the divorce court in England and Wales for the marriage to be dissolved, provided you have been married for at least one year and the court has jurisdiction based on your circumstances, including habitual residence or domicile.
The application to the divorce court is called a divorce application, and the spouse who files (sends) the application is called the Applicant. In a sole application, the other spouse is called the Respondent. Both spouses can also apply jointly for divorce.
To file for your divorce, you no longer need to give any of the previous 5 reasons (also known as ‘facts’) to prove that your marriage has broken down irretrievably. Under the no-fault divorce system, you only need to provide a statement confirming that your marriage has broken down irretrievably.
Adultery
Adultery can be a reason for the breakdown of a marriage, but under the no-fault divorce system, you do not need to prove adultery to get a divorce from your spouse.
Adultery refers to sexual intercourse with someone other than your spouse. Under the current no-fault divorce system, you do not need to prove adultery or obtain an admission from your husband or wife. Our divorce solicitors can advise you on the legal process if adultery has contributed to the breakdown of your marriage.
Continuing to live with your husband or wife after discovering adultery does not prevent you from applying for divorce under the no-fault divorce system.
Unreasonable Behaviour
Unreasonable behaviour of a spouse can contribute to the breakdown of a marriage, but under the current no-fault divorce system, applicants do not need to prove unreasonable behaviour to get a divorce.
Unreasonable behaviour means that your husband or wife has behaved in such a way that you cannot reasonably be expected to live with him or her. Such behaviour can contribute to the breakdown of a marriage, but it no longer needs to be proved to obtain a divorce.
You no longer need to provide details of the main things that have made your husband or wife difficult to live with. Under the no-fault divorce system, you only need to confirm in your divorce application that your marriage has broken down irretrievably.
Continuing to live with your husband or wife after an incident of unreasonable behaviour does not prevent you from applying for divorce under the no-fault divorce system.
The examples of unreasonable behaviour could include:
- physical violence;
- verbal abuse, such as insults or threats;
- drunkenness or drug-taking;
- refusing to pay towards shared living expenses.
Desertion Of The Petitioner By The Respondent
You can apply for divorce if your husband or wife has deserted you and your marriage has broken down irretrievably. Under the no-fault divorce system, you do not need to prove desertion or wait for 2 years before applying for divorce.
Desertion means leaving your husband or wife without his or her agreement and without good reason.
2 Years Separation And Respondent Consenting To Divorce
You can apply for divorce if your marriage has broken down irretrievably, even if you have not lived separately for two years or your husband or wife does not consent to the divorce. Under the current no-fault divorce system, you do not need to prove separation or wrongdoing by your spouse.
You can apply for divorce even if you have continued living together, provided you meet the legal requirements. Your husband or wife does not need to agree in writing to a sole divorce application.
You can still apply for divorce while living in the same home as your wife or husband. You do not need to prove that you have been living separately as a couple.
5 Years Separation
You can apply for divorce on the grounds that your marriage has broken down irretrievably, without having to prove that you have lived separately for more than 5 years.
Your husband or wife does not need to agree to the divorce. Under the no-fault divorce system, the Respondent cannot oppose the divorce simply because they disagree with it, although they may challenge the application on limited legal grounds.
