There is only one ground for divorce, which is the ‘irretrievable breakdown’ of a marriage. Since the law changed on 6 April 2022 to 'no-fault divorce, you no longer have to prove that a marriage has broken down irretrievably on the basis of one of five 'facts' below.
The pre 6 April 2022 five 'facts'
Whatever your own reasons for divorce, previously you could only apply for a divorce on the basis of one of five facts:
- Adultery: Your spouse had committed adultery and you found it intolerable to continue living with him or her.
- Unreasonable behaviour: Your spouse's unreasonable behaviour made it intolerable for you to continue living together. Unreasonable behaviour could include domestic abuse, infidelity (other than full adultery) or persistent unpleasantness. This was the most common basis for divorce.
- Desertion: Your spouse deserted you against your will, and you had been living apart for at least two years.
- Two years' separation: You had been separated for at least two years, and you both agreed to the divorce.
- Five years' separation: You had been separated for at least five years.
How do I get divorced?
Helping you take your next steps, from the UK's largest specialist family law firm (rated ‘Excellent’ by 94% of customers on Trustpilot).
Reviewed by Julian Hawkhead, senior partner, Stowe Family Law
