When a married couple feels that they cannot stay married to each other, then they can apply in the court saying that their marriage has irretrievably broken down.
When a
married couple feels that they cannot stay married to each other, then they can
apply in the court saying that their marriage has irretrievably broken down.
Either of them can file a case in the court for their marriage to be dissolved.
The main Divorce Grounds in
UK are given below:
-
Adultery :
Either of you have
committed adultery because of which it has now become intolerable to stay
together. In such a case you have to prove that your partner has admitted his
or her fault. Incase you are still living with your partner for more than six
months in spite of knowing about the adultery, then generally it becomes
difficult to use this ground for getting a divorce unless the adultery is still
being continued.
-
Unreasonable Behavior:
If your life partner has behaved in such a way that it has
become difficult for you to live with him or her. You can write all this in few
paragraphs in the application for divorce or the petition. This ground of
Divorce covers all sorts of bad behavior. Close association with a third party
or adultery may be used as a ground here under unreasonable behavior incase
there is a difficulty to obtain proof against the adultery.
-
Desertion:
If your husband or
wife has left you for a minimum period of two years or more without the other
partner’s consent or agreement or without any good reason then you can file a
case for desertion against him or her. The exact date on which the partner left
has to be included in the petition. Incase the date is unknown then the
approximate date has to be given in the petition provided that at least two
years have been passed.
-
Two years separation
with consent:
If you are living separately for more than two years and the
period of living together has not been more than six months, then either of the
two can consent for a Divorce. You will need a formal consent by your partner
on the divorce papers for separation. Incase the exact date is unknown then the
approximate date has to be written in the petition.
-
Five years separation
without consent:
If you are living separately for more than five years and
either of you two does not agree for a divorce, then they cannot defend the
petition but can ask the court not to grant the decree incase of financial
problems. It is necessary to provide an exact date and if it is unknown then
approximate date has to be given provided that at least five years have been
passed.
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