What are the grounds for divorce in England and Wales?
There are five situations that can be classed as grounds for divorce. If your situation falls into one of these categories, then you can apply for a divorce:
If your husband or wife has had sexual intercourse with someone else of the opposite sex, this is classed as adultery. As a caveat, if you have chosen to live with them for more than six months after finding out, then you cannot use adultery as a reason to start divorce proceedings.
There are several types of behaviour that can be classed as ‘unreasonable’ and therefore grounds for divorce. They are:
- Physical violence
- Verbal abuse (threats and insults)
- Drunkenness or drug abuse
- Refusing to pay for housekeeping
If your husband or wife has left you, this qualifies as desertion as long as the following factors are included:
- They left without your agreement
- They left to end your relationship
- They left without good reason for leaving
- They have been away for more than two years
Apart for more than two years
If you and your spouse have been living apart for two years, this is grounds for divorce. However, this does require both parties to agree to divorce in writing.
Apart for more than five years
Unlike the above, being apart for five years does not require both parties to agree to divorce in writing.