Desertion As The Ground For Divorce – What You Need To Know

What does ‘desertion’ mean when it comes to divorce?

Desertion in English and Welsh law is defined as one person in the marriage deserting the other for a continuous period of at least two years. This basically means that one person has left the other without agreement or for a good reason.

How do you ‘prove’ that you’ve been deserted?

Desertion is rarely used because it can be hard to prove as it relies on proving the intent was there. You must prove that the mental intent to divorce was there throughout the two years. This is hard to do. This is why more people tend to use either two years separation, five years separation or unreasonable behaviour as the fact to rely on. Here’s a quick breakdown of these reasons so you can see if they are more relevant to you:

• You can use two years separation as the fact if both of you agree that the marriage has broken down without any chance of repair.
• Five years separation can be used if you’ve been separated for five years, the difference with this one is that you can start proceedings without the other person agreeing to the divorce.
• Unreasonable behaviour can be used as a reason to divorce if the behaviour has negatively affected the other person is such a way that the marriage can’t recover. For example, verbal abuse or lack of emotional support.

Do I need the other person’s permission to start the divorce process?

No, you can start proceedings without the consent of your ex.

What if I’m not in touch with my ex?

If you have an address for your ex you can start proceedings. Don’t know where your ex is and can’t get in touch with them at all, not even online etc? The courts will want to see that you have attempted to get in contact with them. Get in touch for more advice on this part.

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