Grounds for divorce

Myth
  Myth
“We can just divorce on irretrievable breakdown of the marriage. We don’t want to say anything horrible about each other”
Fact
  Fact
At present under English Law, whilst the main ground for divorce is the irretrievable breakdown of the marriage, you have to cite one of five facts to support that. The most common fact used is what’s called unreasonable behaviour. This does involve having to give reasons or examples of behaviour, but there is no need to be “horrible” in doing so. We tend to encourage a couple to openly discuss the reasons so there are no nasty shocks. If you feel uncomfortable about this approach you can use separation as a ground , if you wait a period of two years (and the other party agrees) you can apply for a divorce on this basis, or after 5 years separation you can apply without the other party’s consent.

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