Divorce judgements and the grounds required to dissolve a marriage

7th March 2015 by

 

For most couples, the main wish when getting divorced is that the whole process will be as quick as the procedures will allow and that there will be a minimum of stress involved.

Potential petitioners (the spouse applying for the divorce) should note that whether they are seeking a divorce judgement for adultery with a co-respondent, or both parties have agreed to the divorce having lived apart for two years, the ground for divorce cited is unlikely to affect the court’s decision – as long as one of the ‘five facts’ is stated and proven, the divorce will go ahead.

Some spouses mistakenly believe that a court is likely to ‘punish’ an adulterous spouse and that it will be a good idea to name and shame the third party, the co-respondent, but this is nearly always a bad idea and creates more problems and issues when taking the petition to court.

There are only five grounds for divorce, also known as the Five Facts . These are:

  • Adultery – the other party has committed adultery and the petitioner finds it intolerable to continue living with them
  • Unreasonable behavior – the other party has behaved in a way that is intolerable, e.g, physical or verbal abuse, drunkenness or drug taking, etc
  • Desertion – One party has deserted the other for at least two years
  • The parties have lived apart for at least two years and they both agree to a divorce
  • The parties have lived apart for at least five years

Once one of these grounds has been established, the court will be able to grant a divorce – dissolving the marriage and all legal ties that the former spouses had to each other.

In many cases it is the financial claim which will be the more complex part of the divorce proceedings, but even if the divorce judgement has been made on the grounds of adultery or unreasonable behaviour, the court will still seek fairness and an equal footing for each party when the finances are shared out.

Getting divorced with Healys’ divorce solicitors in London and Brighton

Here at Healys, we understand that each divorce is unique and that each of our clients will have their own distinct set of personal circumstances.

Our family law team has a proven track record in successfully advising and representing clients in a wide range of sensitive family law issues.

So, whatever your issue on divorce, you can rely on us to deal with your case sympathetically, efficiently and always in confidence.

Call our offices today, to speak to a divorce solicitor, we are here to help.