Family Department - Paul Walters outlines the grounds for divorce
These have not changed for 40 years.
Technically there is only one ground for divorce; that the marriage has irretrievably broken down. However it is not that simple. To satisfy the Court that a marriage has irretrievably broken down one of five facts has to be proved by the person filing for divorce -
- That his/her spouse has committed adultery and the person filing for divorce finds it intolerable to live with his/her spouse. Interestingly the intolerability does not have to relate to the adultery. Mrs Smith might be quite happy that her husband is seeing his mistress every Tuesday night but she gets her divorce if she finds it intolerable that he will not watch the X Factor with her.
- That the other party has behaved in such a way that the person filing for divorce cannot reasonably be expected to live with his/her spouse. Courts accept very mild allegations if the divorce is uncontested.
- That one spouse has deserted the other for a period of two years. This ground is seldom used these days.
- That husband and wife have lived apart for two years and they both want a divorce.
- That they have lived apart for five years even if one of them does not want a divorce.
It is sometimes possible to block a divorce based on the last reason above on the grounds of financial hardship.
If a Solicitor is acting then he/she must lodge a form with the Court stating whether discussions about possible reconciliation have taken place.
Where a divorce is uncontested neither party has to attend Court.