What are the grounds for Divorce in England?

A: All divorces in this country are obtained by proving that your marriage has “irretrievably broken down”. You must rely on one of the five legal grounds listed below:

1. Your spouse has committed adultery and you find it intolerable to continue living with them.

2. Your spouse has behaved in such a way that it would be unreasonable to expect you to continue living with them.

3. Your spouse has deserted you for a continuous period of two years or more.

4. You and your spouse have lived separately for a continuous period of two years or more and both of you consent to the divorce.

5. You and your spouses have lived separately for a continuous period of five years.

Further conditions on divorce are that you must have been married for at least a year before you start the divorce proceedings and one of you must have been living in the UK for the last twelve months. It does not matter if you were married in another country. If neither of you have lived in the UK for the last 12 months, contact us for more specialist advice on jurisdiction as it still may be possible for an English court to deal with your divorce.

For more information see our downloadable factsheet