Reasons to file for divorce uk

It is no secret that not every marriage lasts forever, and despite a recent decline in divorce rates , according to data from the Office for National Statistics, tales of celebrity feuds and hefty settlements flood the media at regular intervals. Free from much of the stigma formerly attached to it, divorce is now accepted as a chance for a fresh start.

However, the process can feel confusing and overwhelming without the correct guidance. In order to file for a divorce, your marriage must have lasted for at least one year, and be legally recognised in the UK. While couples may cite any number of seemingly bizarre reasons for the breakdown of their marriage, the official grounds stated on the divorce paperwork are necessarily very uniform. In the UK, the five accepted grounds are adultery, unreasonable behaviour, desertion, living apart for at least two years, and living apart for at least five years.

If another party is named, as may occur if unfaithfulness is the primary reason for the divorce, that individual will also receive a copy of the divorce petition. Depending on the grounds chosen, and any opposition from the spouse to whom the petition is served, more precise details might be requested. If one or both partners have engaged in a sexual relationship outside of the marriage, then the adultery grounds may be used.

However, this only applies if the divorce petition is filed within six months of the adultery being discovered. This is because it is only accepted as a reason for divorce if the other partner cannot bear to live with their spouse as a result.

It is also important to note that only sexual relationships with members of the opposite sex are defined as adultery by the court. Therefore, a filing of unreasonable behaviour may be appropriate if a spouse is found to have been unfaithful with a member of the same sex.

An unreasonable behaviour filing is a common choice as it applies to any behaviour as a result of which you can no longer bear to live with your spouse.

This encompasses unruly or illegal behaviour such as drunkenness or taking drugs, as well as abuse, whether physical or otherwise, including threats, insults, and manipulation. Other examples of unreasonable behaviour can include matters such as unfaithfulness, or refusal to contribute to household expenses. You may be able to cite desertion as your grounds for divorce if your spouse has left you without your agreement and without good reason, or in order to bring an end to your relationship.

If your spouse has been absent for more than two years within the space of the past 30 months, you may not need their consent for the divorce to go through.

You can also file for divorce if you and your spouse have spent more than two years living apart immediately prior to the divorce. The law recognises the act of adultery as sexual intercourse between a man and a woman.

You can name the other person who your spouse cheated with in the court paperwork, but we strongly advise against this. Naming a co-respondent can not only make your relationship with your spouse more acrimonious. It can also lead to delays later on in the proceedings because the other person also has to sign the papers admitting the adultery. Importantly, you cannot petition for divorce on the grounds of your own adultery. Your spouse could divorce you on these grounds or you will need to use one of the other grounds — most commonly unreasonable behaviour.

You can still claim desertion if you have lived together for up to a total of 6 months in this period. Desertion is not used very often as grounds for divorce, as it requires the mental intent to divorce throughout the 2 year period. This can be difficult to prove. Either husband or wife must agree in writing. During this time if you have been apart for two years altogether, you can have lived together for up to a total of six months. You can be separated while living in the same home.

We know divorce can be a daunting process so we have prepared a simple divorce guide for you to download and read. It will give you a clear idea of what to expect at different stages of your divorce. To receive this free ebook, already downloaded by thousands of divorcing couples, simply click below:. Following a recent case where the Supreme Court refused to allow a divorce to Mrs Owens, some practitioners have been making the allegations more severe but it is acceptable to place mild, medium or severe allegations in any such petition.

The more severe the allegations the more probable it is that your partner will defend the same so this should not be encouraged. Desertion is rarely used but can be used by a Petitioner if their partner has not lived with them and has left the home without any justification for a period of two years. The period must be uninterrupted. This ground is often used by parties who have been living apart even in the same household in order to avoid having to cite any grounds against each other to avoid acrimony.

One thing to watch very carefully is the capital gains tax implications if a financial settlement is reached afterwards. Any investment properties transferred between husband and wife after the first year of separation will give rise to capital gains tax. Also, if there is a further delay in the proceedings then there could be capital gains tax payable on the transfer between one to the other of the former matrimonial home. Whilst taper relief is available over a period of time, the time limit should be carefully watched so that tax is not unnecessarily paid.

This ground is mainly used where parties have been living apart for a substantive period of time and simply not finalised the arrangements between them. The impact of this ground is that the financial circumstances will be carefully looked at so that one or other of the parties is not significantly affected. This is often used where one party has disappeared and there has been nothing heard of the other party despite all attempts to find them.

The evidence that is required is to show that they have been living apart for a continuous period of 5 years before the petition but in these cases every effort must be made to serve the petition on the other side because the process must be properly followed to be valid.

It is imperative when choosing which ground to follow that you consider carefully what grounds are available to you with your lawyer. Some people prefer to file divorce petitions online themselves without taking any legal advice and in those cases we can sometimes find that the allegations go on for pages. This is not necessary. Short to the point allegations are what the Court would the require in any event. You must also be aware that the more allegations you put in the more likely you are to invite a defended petition.

We would always suggest that advice is sought from a solicitor from the earliest possible stage before you file your petition so that you can ensure that you have properly complied with all of the regulations, requirements and jurisdiction to issue your petition. The Divorce Dissolution and Separation Act will come into effect on 6 April and will sweep away the need for.

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