Divorce, can you file for it?

Unlike the ever so fictitious happily ever after shown in many media forms, not all marriages abide by the ‘till death do us part’ vow.

That’s right, marriage isn’t forever. If you’re reading this perhaps your marriage has gone from “I do” to “I don’t want to be married to you anymore”?

Let’s start at the beginning.

What is Divorce?

Divorce, the legal dissolution of a marriage by an authorised body.
In modern England, there is only one ground for divorce: that the marriage has broken down irretrievably.

What does that mean?

Five individual conditions can be applied to a divorce on the grounds of irretrievable damage. This means that any of these five reasons for divorce will hold up in court and are legally viable reasons for seeking a divorce. Anything other than these will likely lead to a long and possibly unsuccessful divorce.
Don’t forget, “irreconcilable differences” is not a ground for divorce in England and Wales.

What can be used to prove a marriage has broken down irretrievably?

  • Adultery, the voluntary act of sexual intercourse with an individual who is not your legally bound spouse. (In same sex relationships, Adultery only applies if the adulterer had  relations with someone of the opposite sex. You would need to file for divorce on the grounds of inappropriate behaviour if your spouse had been unfaithful with someone of the same sex).
  • Desertion, withdrawing permanently from the spousal home and spouse, without the spouse’s consent and without justification or cause.
  • Behaviour, there are a multitude of behaviours that can warrant a divorce, such as violence between spouses, the threatening of violence between spouses and as mentioned above inappropriate relationships.
  • Separation after 2 years (with permission), if you and your spouse have been separated for at least two years, you are able to file for a divorce with your (soon to be ex) partner.
  • Separation after 5 years (no permission needed), if you and your spouse have been separated for at least five years, no consent from the other party is needed for you to initiate divorce proceedings.

If you are considering or ready to file divorce make sure your reasons can fall under one of the above grounds.
Avery Emerson Solicitors have solicitors experienced in divorce and family law so book an appointment if you need help finalising or beginning your divorce procedures. We are also here to help provide you with advice on the proceedings and any information you may require.