There is only one ground for divorce – irretrievable breakdown of marriage, This must be evidenced by one of 5 facts:
You must show there are good reasons for ending your marriage. You can give 5 grounds for a divorce.
Your husband or wife had sex with someone else of the opposite sex, and you can no longer bear to live with them.
You can’t give adultery as a reason if you lived with your husband or wife for 6 months after you found out about it.
Your husband or wife behaved so badly that you can no longer bear to live with them.
This could include:
- physical violence
- verbal abuse, eg insults or threats
- drunkenness or drug-taking
- refusing to pay for housekeeping
Your husband or wife has left you:
- without your agreement
- without a good reason
- to end your relationship
- for more than 2 years in the past 2.5 years
You can still claim desertion if you have lived together for up to a total of 6 months in this period.
You have lived apart for more than 2 years
You can get a divorce if you’ve lived apart for more than 2 years and both agree to the divorce.
Your husband or wife must agree in writing.
You have lived apart for more than 5 years
Living apart for more than 5 years is usually enough to get a divorce, even if your husband or wife disagrees with the divorce.