Legal Grounds For Divorce In The UK

Divorce has been on the rise across the globe. While it’s generally seen as something negative, it’s liberating for those who are stuck in unhappy marriages. The COVID-19 pandemic has also put pressure on relationships, leading to breakups and divorce.

It’s important to know your rights and the prevalent divorce laws in your country if you are to go down this route. Here are some legal grounds for divorce in the UK:

Adultery

Adultery refers to cheating on a spouse. When one or both partners engage in a sexual relationship with someone outside the marriage, it’s considered adultery. Adultery is a valid legal ground for ending a marriage according to the prevalent laws. However, adultery can only be used as the basis of divorce if the spouse files for divorce within six months of finding out the partner cheated. Six months is considered enough time to figure out whether or not you want to continue the marriage and whether or not one can forgive the other. It’s important to note that sexual relationships with the opposite sex alone are defined as adultery in court. If you find your partner cheating on you with someone of the same sex, you would have to file for divorce for unreasonable behaviour.

Desertion

Desertion is when a spouse leaves the other without any agreement, reason, or discussion. The spouse that has been abandoned can file for divorce on the basis of desertion. The spouse filing for divorce will require the consent of the other for the divorce to go through. However, if your spouse has abandoned you for over two years, you can proceed with filing the divorce without their consent.

Unreasonable behaviour

You can file for divorce from your spouse for unreasonable behaviour as well. Unreasonable behaviour is defined as behaviour whereby which you cannot bear to live with your spouse. This includes being addicted to drugs, being abusive, alcohol addiction, emotional abuse that includes threats, manipulation, and insults. Being unfaithful or refusing to contribute towards expenses are also examples of unreasonable behaviour.

Living apart for over 2–5 years

If you and your spouse have been living apart for over two years, you can file for divorce. If you and your partner have lived together for up to 6 months during this time, both partners need to agree to the divorce.

For those who have been living apart for over five years, you don’t need the consent of your spouse to go through with the divorce. You need to show proof that you have been living apart for these five years to be granted a divorce.

Wembley Solicitors offers a wide range of legal services to assist you with your legal needs. We can help you with your application for a spouse visa in London, personal injury claims, family law, commercial lease, etc. Whether you want to legally separate, get a divorce, or have a pre-nuptial agreement drawn up, get in touch with us at 078 8290 0289.