What are the Grounds for Divorce in the UK?

Marriage doesn't always work out the way we planned, but if you're considering calling it quits on your relationship, you'll need to understand the legal side of things. The good news? Divorce law in the UK has recently had its biggest shake-up in 50 years. We've put together this straightforward guide to help you navigate the grounds for divorce, minus the legal jargon.

What is the Legal Basis for Divorce?

Until recently in the UK, grounds for getting a divorce was something you actually had to prove - more specifically, you needed to prove that your marriage had broken down due to one of five specific reasons (we’ll get into these shortly).

However, things changed dramatically in April 2022 with the introduction of no-fault divorce, marking a massive shift from the rules that previously dominated divorce proceedings. Still, understanding all the grounds is useful, especially if you're dealing with an older divorce case.

The Five Grounds for Divorce in the UK

Before the 2022 reforms, these five reasons were your only options for ending a marriage legally. Let's break them down without the legal jargon.

Adultery

Nobody likes being cheated on. The law defines adultery as your spouse having sex with someone of the opposite sex (yes, the legal definition is oddly specific and outdated). Interestingly, you can't cite your own adultery as grounds - it must be your partner's infidelity.

The catch? You needed to file within six months of discovering the affair. After that, the courts assume you've forgiven them or decided to live with it. Also worth noting - emotional affairs or kissing don't count legally as adultery, no matter how devastating they might feel.

Unreasonable Behaviour

This was the most commonly used ground before the 2022 reforms, essentially serving as the "irreconcilable differences" option. The definition is wonderfully vague - behaviour that you cannot reasonably be expected to live with.

Examples range from serious issues like domestic abuse to milder complaints like spending too much time playing golf or refusing to socialise. The key was showing that, subjectively, YOU found the behaviour intolerable. Some top family law attorneys in London did see successful petitions based on everything from excessive gaming habits to disagreements about interior decorating, mind you.

Desertion

This one's relatively rare. It applies when your spouse has abandoned you for at least two years without good reason or your agreement. You'd need to show they intended to end the relationship by leaving.

Proving desertion is tricky. If they left for work or military service, or you both agreed to the separation, it doesn't count. No wonder this ground wasn't used much - it's a nightmare to provide evidence for.

Separation for Two Years (with consent)

If you've been living separate lives for two years and you both agree to the divorce, this was a straightforward option. No need to point fingers or dig up dirty laundry.

The important bit is that your spouse must consent to the divorce. If they decide to be difficult and withhold agreement, you'd be stuck waiting three more years to use the next ground.

Separation for Five Years (without consent)

The nuclear option. After five years apart, you could divorce your spouse whether they liked it or not. Their consent wasn't needed, making this the only definite way to end a marriage if your partner refused to engage with the process.

Five years is a long time to wait for freedom, which is one reason why the law needed updating. Many people ended up using "unreasonable behaviour" instead, even when the split was amicable, just to avoid the wait.

No-Fault Divorce: The Recent Change in Law

Since April 2022, the divorce landscape in the UK has transformed entirely. The old blame-based system is gone, replaced with something far more civilised.

What is a No-Fault Divorce?

It's exactly what it sounds like - a divorce where neither party needs to blame the other for the breakdown of the marriage. You don't need to air your dirty laundry or make accusations. You simply state that the relationship has broken down irretrievably, and that's that.

This change brings the UK in line with many other countries and reflects a more modern understanding that relationships sometimes just don't work out. No one needs to be the villain in the story.

How Does a No-Fault Divorce Work?

The process is refreshingly simple compared to the old system. Either one spouse or both together can apply stating the marriage has irretrievably broken down - no other explanation needed.

There's a 20-week reflection period from application to conditional order (formerly decree nisi), then another 6 weeks until the final order (formerly decree absolute). This cooling-off time allows for second thoughts or sorting out arrangements for children and finances.

The best part? The process can be done largely online and without the mud-slinging that characterised many divorces under the old system.

How Do Grounds for Divorce Affect the Process?

Under the old system, your chosen ground could significantly impact how smooth or rocky your divorce journey would be.

How Grounds Influence the Divorce Petition

Previously, if you cited adultery or unreasonable behaviour, you'd need to provide details. For unreasonable behaviour, this meant listing specific examples of how your spouse made life unbearable. Not exactly conducive to an amicable split.

With no-fault divorce, the petition is remarkably straightforward. The statement of irretrievable breakdown is enough; no examples or timeline are required.

Impact on Financial and Custody Decisions

Here's a common misconception: many people think that if their spouse cheated or behaved badly, they'll get a better financial settlement or custody arrangement. In reality, the courts rarely consider the reasons for divorce when deciding these matters.

Even under the old system, financial settlements were based on factors like needs, resources, and contributions to the marriage - not who was to blame for its ending. The same goes for child arrangements, which are always decided based on what's best for the children, not as a reward or punishment for parents.

What to Do if You're Unsure About the Grounds for Divorce

Feeling confused about how to proceed? That's perfectly normal. Divorce law isn't something most people deal with regularly.

Seeking Legal Advice

Getting proper legal guidance early can save headaches down the line. A specialist family solicitor like us can explain how the current law applies to your situation and guide you through the process.

If you're concerned about finances or arrangements for children, getting early advice is even more important. Understanding options for automatic divorce in the UK and time frames can help set realistic expectations from the start.

Mediation and Alternative Dispute Resolution

While the grounds for divorce have been simplified, sorting out the practical aspects still requires thought and often negotiation. Legal professionals can help you work through the thorny issues of property, finances, and childcare without ending up in a costly court battle.

Common Myths About Grounds for Divorce