Grounds for Divorce Information

There is in fact only one ground for divorce, which is that your marriage has irretrievably broken down.

The person filing for divorce must prove the breakdown of their marriage by establishing one of following 5 facts for divorce; Adultery, Desertion, Unreasonable behaviour, 2 years separation with consent and 5 years separation no consent required.

Before looking closely at each of the five separate reasons for divorce, it’s important you know that you cannot file for divorce until you have been married one year.

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Overview of the grounds for divorce

Choosing the best suited ground for divorce is vitally important as it can affect the timeframes, costs and time and effort required in order to obtain a divorce, which is why it’s important you understand each of them separately before choosing one.

If you are unsure whether you can use any of the five available facts or you are undecided which one might be the easiest, simply call us on 01793 384 032.

Here’s an overview of the five available grounds for divorce;

  • Adultery
  • Desertion
  • Unreasonable behaviour
  • 2 years separation with consent
  • 5 years separation no consent required

Although you will follow the same legal process to divorce, depending upon which ground you choose, the paperwork you complete will require different information and grounds such as 5 years separation can be more difficult than they first appear.

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Using Adultery as a reason to divorce

Adultery as a definition in relation to divorce is; the act of your spouse having sexual intercourse with a member of the opposite sex and you find that act intolerable to live with.

When deciding whether to use adultery as your chosen ground for divorce it’s important that you understand exactly what’s involved and how you go about completing the divorce forms.

There are specific rules surrounding adultery, for example, you must use this ground within 6 months of finding out about the adultery otherwise the court may not deem the act to be intolerable.

For further information on using adultery as your ground for divorce, please call our divorce advisors on 01793 384 032 for free information or read more on adultery.

Information on using Desertion to divorce

Desertion as a reason for divorce is the hardest of the five available facts to prove, which is why it’s the least commonly used ground.

Where your spouse deserted you without your consent for a continuous period of at least two years; this fact is almost never used as it requires the mental intent to divorce throughout the two-year period, which is very difficult to prove to the court.

Most people that are contemplating using desertion to divorce end up choosing 5 years separation where no consent is required. There are certain procedures that need following when using 5 years separation instead of desertion, so please get advice before proceeding.

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Facts on Unreasonable Behaviour in Divorce

Unreasonable behaviour is the most commonly used ground for divorce in the UK.

There are many benefits to using unreasonable behaviour over other grounds for divorce, but it’s important you understand what constitutes unreasonable behaviour and what information you will need to give in order to be successful when filing for divorce.

To succesfully file for divorce using unreasonable behaviour, you will need to give 4/5 carefully written and detailed explanations of your spouse’s unreasonable behaviour, which without help can be difficult.

If you are looking to file your own divorce using unreasonable behvaiour, you should find examples of unreasonable behaviour online to give you a clear picture of what you can include on your divorce petition.

Our divorce experts have drafted over 20,000 behaviour based divorce petitions and can help you from as little as £59, call them now on 01793 384 032 for free advice and information.

Using 2 years separation with consent

2 years separation with consent is instantly seen by most people as the quickest and easiest way to get a divorce.

Whilst using 2 years separation as your reason for divorce sounds simple and straightforward, it does become more complicated if you are still sharing a household for example.

It is also essential that you know the whereabouts of your spouse; otherwise this ground for divorce becomes more complicated and also more expensive.

2 years separation enables couples that are amicable to deal with their divorce in a quick and easy fashion without needing to cause unnecessary friction or stress, but it’s certainly not suitable for everyone.

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5 years separation – No consent required

Most people believe they can just wait until they have been separated for 5 years and they will be granted a quick and easy divorce, but unfortunately this isn’t always the case.

This is not the case for a lot of couples because it’s not always possible to stay civilised, amicable and in touch with eachother five years down the line.

You cannot just be granted an automatic divorce using 5 years separation without your spouse being involved. Your spouse will still need to be sent a copy of your divorce petition, so it’s vitally important that you have an address for them.

If an address for your spouse is unknown, the divorce process becomes more complicated and involves further procedural steps in order for your divorce to progress.

The short and unfortunate answer is no. For the courts to process your divorce application after 5 years your spouse will need to be given the opportunity to see the divorce petition.

If you have no address for your ex-partner, you will be expected to use other methods such as contacting friends and family. Quicke Divorce can help you understand the process and costs involved, so it’s best to get in touch with us on 01793 384 032.

If you are looking to use unreasonable behaviour as your ground for divorce, you must use the actions that you deem unreasonable that your spouse commits and cannot use your own behaviour.

You will be expected to give at least four or five examples of your spouse behaviour, which our staff will help draft for you to ensure your divorce can progress through the courts.

You first need to understand which of the available grounds you can use to file for divorce and then look into the complications of each one.

If you have been separated for two years and you and your spouse are amicable it makes sense to use 2 years separation with consent, but we understand that most cases aren’t this simple.

It’s therefore important that you get the best advice about which ground to choose before you start proceeedings, so call our team on 01793 384 032 for free adivce.

There are no hidden costs involved with any of our services. We clearly display the cost of our services including what you will be expected to pay by the court.

The court fees are your only additional cost and you may be exempt from paying these if you are on a low-income or receive certain benefits.

There are no hidden costs involved with any of our services. We clearly display the cost of our services including what you will be expected to pay by the court.

The court fees are your only additional cost and you may be exempt from paying these if you are on a low-income or receive certain benefits.

Obtaining a Divorce with Quicke Divorce

Providing that your case is uncontested, it should take between 16-20 months. However, because a divorce is a legal process complications can arise during the proceedings, which can affect the timescales given.

We encourage our clients to get quotes from local solicitors because we know that once they are quoted £1,000 + VAT for a simple divorce they will come back to us to handle their divorce for an affordable and fixed fee of £169 including VAT.

If you believe your divorce situation to be uncomplicated and your spouse is likely to agree, we can help you obtain a quick, easy and affordable divorce.

Managed Divorce Service – £169