Description of the legal term Grounds for Divorce:
The concept of grounds for divorce in British law refers to the justifications that one spouse can use to legally dissolve their marriage. Before the legal reforms brought about by the Divorce, Dissolution and Separation Act 2020, which introduced the concept of “no-fault divorce,” spouses had to rely on specific grounds to prove their marriage had irretrievably broken down.
Historically, there were five grounds for divorce that could be cited by individuals seeking to end their marriage: adultery, unreasonable behaviour, desertion, two years’ separation with consent, and five years’ separation without the need for consent from the other spouse.
Adultery involves one partner having sexual intercourse with a person other than their spouse, and the law requires that the individual filing for divorce finds it intolerable to live with the adulterous spouse. Unreasonable behaviour, on the other hand, encompasses a broad range of actions that can make it unreasonable to expect the petitioner to continue to live with their partner. Examples include physical violence, verbal abuse, drug or alcohol abuse, or refusing to contribute financially to the household.
Desertion is the third ground and applies when one spouse has been deserted by the other for a continuous period of at least two years. To pursue divorce on this basis, the deserted party must prove that their partner had the intention to desert and that the desertion has persisted without interruption for the full period.
A more amicable approach to separation is to live apart for a significant period before petitioning for divorce. If both spouses agree, they can divorce after two years of living apart. If one spouse does not consent, then the period required extends to five years of living apart.
It is important to note that with the implementation of the Divorce, Dissolution and Separation Act 2020, the requirement to establish one of the specific grounds for divorce is no longer necessary, and a “no-fault divorce” can be sought by simply asserting that the marriage has irretrievably broken down, without the need to provide evidence of any of the traditional grounds.
Legal context in which the term Grounds for Divorce may be used:
Consider the case where one partner has engaged in a one-off affair. The other partner, upon finding out, feels betrayed and cannot see a way to continue the marriage. If prior to the 2020 Act they decided to file for divorce on the basis of adultery, they would need to show proof of their partner’s infidelity and also confirm that they find it intolerable to live with them. Evidence could include messages exchanged between the adulterous partner and a third party, or possibly testimony from a private investigator.
Another scenario might involve a situation where one spouse has been subjected to repeated verbal abuse and controlling behaviour from the other. The abused partner might decide they can no longer live under these conditions and could file for divorce citing unreasonable behaviour. They would need to provide instances of the behavior which could range from insults and threats to controlling financial matters or social isolation. Detailed accounts, corroborated by witnesses or documented evidence such as emails or text messages, would be necessary to substantiate the claim of unreasonable behaviour.
The changes in the law that allow for no-fault divorce aim to remove the acrimony and blame from the process of ending a marriage. While some may argue that this might make the commitment of marriage seem less serious or durable, the shift in law reflects a recognition of the complex personal dynamics that can lead to the breakdown of a marriage. The new law provides for a more humane and less confrontational way to navigate the difficult and often painful process of divorce. This speaks to the evolving nature of the legal system in acknowledging that the preservation of personal dignity and mutual respect can sometimes be the kindest and most constructive way to dissolve a marriage that is no longer viable.
