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amicable's guide to: Grounds for divorce

To get divorced in England & Wales, you must be married for at least a year and have a divorce ground to legally end your marriage.

You need to prove that the marriage has 'irretrievably broken down' and can choose one of these reasons; adultery, unreasonable behaviour, desertion, two or five years separation.

Unfortunately, we do not have 'no-fault divorce' in England & Wales at present so you can only use one of the below.

Adultery

One of you has had sex with someone of the opposite sex. You can't use adultery as a reason if you have lived together as a couple for six months after you found out about it.

Unreasonable behaviour

One person has behaved in a way that means the other person feels they cannot continue to live with them. Examples of behaviour might include abuse or addiction but increasingly court will accept milder examples such as a lack of love and emotional support.

Two years separation

You’ve lived apart for more than two years. This can be in the same household provided you have separate sleeping, eating and financial arrangements. Both of you must confirm this in writing.

Five years separation

You’ve lived apart for more than five years. This is different to two years separation as your husband/wife doesn’t have to agree to the divorce.

Desertion

One person has left the other without agreement, and without good reason, for a period of more than two years in the past two and a half years. You can still use desertion if you’ve lived together for up to six months in this period.