Divorce: Grounds and Facts

Press Release (ePRNews.com) - 7 Pringle Court, Garstang, Preston, PR3 1LN, UK - Dec 17, 2017 - In order to be able to divorce your spouse the requirement is that you have been married for at least one year. Providing that this requirement is satisfied, there is only one legal ground for divorce, which is that the marriage has irretrievably broken down. The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts:-

1.Adultery

2.Unreasonable behaviour

3.Desertion

4.Two years separation with consent

5.Five years separation, no consent required

Adultery

According to gov.uk, it must be noted that “the law recognises the act of adultery and sexual intercourse between a man and a woman”. Therefore, adultery is when your husband or wife has sexual intercourse with someone else of the opposite sex. The petitioner must prove that his or her spouse has had sexual intercourse with another person of the opposite sex and that as a result of this action the petitioner finds it intolerable to live with their spouse.

It must be noted that not more than six months must have elapsed from the period where you became aware of your spouse’s adultery and the period of separation. It is important to note that a petitioner cannot petition for divorce on the grounds of their own adultery. A petitioner can choose to name the person involved as a co-respondent but “it is strongly advised that this is not done as naming a co-respondent will not only make your relationship with your spouse more acrimonious but could lead to delays if the co-respondent refuses to sign papers admitting the adultery. If the petitioner is unable to prove the adultery it is suggested that they choose unreasonable behaviour grounds as a basis for the divorce.”

Unreasonable Behaviour

Unreasonable behaviour is one of the most common facts on which to prove the ground for divorce. It is important that a petitioner ensure that their spouse has behaved in such a way that they cannot reasonably be expected to live with him or her. In an unreasonable behaviour petition, the petitioner must set out a number of allegations against the respondent (spouse). If the allegations are particularly serious, one or two allegations may suffice. However, if they are particularly mild then five or six allegations may be required. Some examples of allegations which can be made to prove your spouse’s unreasonable behaviour include the following:

  • Physical violence
  • Verbal abuse
  • Drunkenness or drug taking
  • Refusing to pay for housekeeping
  • Defamatory or abusive behaviour

One solicitors stated the following in respect of unreasonable behaviour, “we strongly recommend trying to agree to the contents of an unreasonable behaviour divorce petition with your spouse before issuing proceedings. This can be achieved directly between the two of you, if your relationship remains amicable, or via solicitors. Agreeing to the contents of the divorce petition can prevent misunderstandings and avoid difficulties later on”.

For more information on the facts in respect of the ground for divorce contact divorce solicitors in Preston.

About the company:

MG Legal solicitors is a firm of renowned professionals who specialise in personal injury matters as well as family law matters. In order to arrange your initial consultation with family solicitors in Preston contact MG Legal on 01772 783 314. MG Legal is one of the best law firms in Preston; it is the law firm of choice.

Source : MG Legal Solutions
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