Grounds for divorce

What are the grounds for divorce in the UK?

‘No-fault’ divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022. This greatly simplified the divorce process in England and Wales, removing the requirement to assign fault for the breakdown of the marriage or separate for at least two years.

Now, couples may get divorced provided that:

• They have been married for at least one year.
• The marriage has irretrievably broken down.
• The marriage is legally recognised.

There is no requirement to provide proof that the relationship has permanently broken down or cite specific grounds as to why the relationship has broken down – it just has to be stated by at least one party.

The old grounds for divorce

Previously, parties had to demonstrate that their marriage had irretrievably broken down by relying on one of the following five facts:

• Adultery
• Unreasonable behaviour
• Separation for two years with consent
• Separation for five years without consent
• Desertion for two years.

Removing the requirement to demonstrate one of these five facts is hoped to make the divorce process less acrimonious by removing the ‘blame game’ associated with having to find fault.

Vardags was outspoken in its support for the introduction of no-fault divorce, with Founder and President Ayesha Vardag spearheading the Campaign for Family Law Reform.

applying for divorce

If both parties agree to the divorce, they can make a joint application. If not, one party can make a sole application, which the other party cannot contest except in extremely limited circumstances (for example, if they claim that proceedings should be initiated in a different jurisdiction). You can learn more about applying for divorce here.

Can I divorce if my marriage is not recognised?

If your marriage is not legally recognised in England and Wales, you may still be able to legally end the marriage by applying for an annulment. In some cases, couples may consider themselves married but be unable to apply for a divorce or an annulment. This can leave parties in a vulnerable position as they will be unable to apply for financial remedy.

If you are considering applying for a divorce, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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