What Are The New Grounds For Divorce in The UK? (2024)

The grounds for divorce in England and Wales underwent a significant change with the introduction of the Divorce, Dissolution and Separation Act 2020, which took legal effect on 6 April 2022.

The key change introduced by this Act was the move to a no-fault divorce system. Here’s a detailed explanation of how the grounds for divorce have changed and whether it has made it easier to get a divorce.

Grounds For Divorce UK

Before the recent reforms, establishing grounds for divorce required proving one of five specific facts under the Matrimonial Causes Act 1973. Here’s an overview of each:

1. Adultery

Adultery was one of the primary grounds for divorce. To use this ground, the petitioner needed to prove that their spouse had engaged in a sexual relationship with someone of the opposite sex. The petitioner also had to find it intolerable to live with their spouse following the discovery.

However, this fact could not be used if the couple continued to live together for more than six months after learning of the adultery, making it a bit complex to navigate.

2. Unreasonable Behaviour

Unreasonable behaviour became the most frequently cited ground for divorce due to its broad applicability. The petitioner needed to show that their spouse had behaved in a way that made it unreasonable to continue living together.

This could include a range of behaviours such as abuse, addiction, or refusal to engage in family responsibilities. Its flexibility made it a practical choice for many seeking divorce.

3. Desertion

Desertion was a less common ground, requiring proof that one spouse had left the other without consent or justification for a continuous period of at least two years. This ground was difficult to prove due to the necessity of a continuous period and clear evidence of unjustified abandonment.

4. Two Years of Separation with Consent

This ground allowed for divorce if the couple had been living apart for at least two years and both parties agreed to the divorce. It required mutual consent and evidence of continuous separation for the specified period. It was a straightforward route for amicable separations but necessitated a two-year wait.

5. Five Years of Separation without Consent

For those unable to obtain their spouse’s consent, five years’ separation provided a viable route. The petitioner had to demonstrate that they had lived separately from their spouse for at least five years.

Unlike the two-year separation ground, this did not require the spouse’s consent, making it suitable for those whose partners were unwilling to agree to a divorce. However, it involved a lengthy wait.

Please note; that this article applies to the divorce process in England & Wales only – To find out about the divorce process in Scotland please visit: Facts About Scottish Divorce Law

No-Fault Divorce

In April 2022, the UK introduced a significant reform with the implementation of no-fault divorce.

This new system aimed to modernise the process and reduce conflict. Here’s what you need to know about no-fault divorce and the concept of irretrievable breakdown:

The concept of irretrievable breakdown has always been central to divorce in the UK, even under the old system. It means that the marriage has broken down beyond repair and that there is no hope for reconciliation.

Under the previous law, proving irretrievable breakdown required evidence of one of the five facts mentioned above.

However, the new no-fault divorce system simplifies this by allowing spouses to state that the marriage has irretrievably broken down without needing to assign blame.

The new divorce act dispenses with reasons for divorce, or ‘facts’ as grounds for divorce, replacing them with a single ‘Statement of Irretrievable Breakdown’ which can be filed by either spouse or together as a joint application.

Filing For Divorce

The statement of irretrievable breakdown of marriage on the divorce petition is now simply a tick box exercise. Long drawn-out explanations are a thing of the past, and the Government hope this reduces conflict and encourages more cooperation during divorce proceedings.

The cheapest way to get divorced in England and Wales is to do it yourself, but it’s not the quickest or easiest.

Most couples going through a divorce are doing so for the first time. They are unsure whether they can get a divorce without a solicitor.

However, aside from doing it yourself or hiring solicitors, you can get an online divorce. This streamlined digital process reduces the work involved for you and takes advantage of technology to reduce errors.

Do The Grounds for Divorce Affect Financial Settlement?

If you’re filing for divorce because of the actions of a spouse like adultery, bad debts, spending problems, or unreasonable behaviour you may feel you should be ‘compensated’ for the difficulties your spouse has put you through.

While the behaviour of a spouse is often the driving force behind the divorce, it’s a common misconception that the grounds for divorce affect the financial settlement and the amount the other spouse might eventually receive.

What about Personal Misconduct?

Personal misconduct will rarely be considered when determining the divorce financial settlement.

For that to happen, the misconduct has to be extremely serious in order to justify the court ‘penalising’ the misbehaving spouse and reducing their settlement.

Some examples of extremely serious behaviour include cases where the wife has shot or stabbed her husband, the husband has attacked his wife with a razor, or has committed incest with his children.

If you believe a partner has committed misconduct, you need to speak with divorce financial settlement solicitors and get professional advice and support.

What about Financial Misconduct?

Courts are generally more likely to consider financial misconduct such as excessive gambling, unjustified lavish spending, or placing assets beyond the reach of a spouse rather than personal misconduct when it comes to the divorce financial settlement.

These cases, however, are also quite rare, rather than the norm, and it will largely only be very serious misconduct that impacts the other party financially which will be considered.

If the court does decide to take financial misconduct into account, the principle is that the court should not be punitive for its own sake but should apply its judgement from a legal perspective and not a moral one.

This could mean the ‘wronged party’ could, under extreme circumstances, get a better financial settlement or more assets to produce a fairer outcome.

When serious financial misconduct has been found, the court will undertake to rectify the wrong caused to the innocent party by ‘adding back’ the money or assets that have been acquired. This could be by deviating from the starting point of a 50/50 sharing and giving more assets to the innocent party.

How long do you have to be separated before divorce is automatic?

There is no such thing in the UK as automatic divorce due to a period of separation. Even if a married couple has been living apart for several years, or even decades, they will still be legally married.

The myth is probably because previously married couples who decided to get divorced would sometimes need to wait a certain amount of time before they could start the divorce application process.

The length of waiting time depended primarily on whether the divorce was to be contested by one spouse or whether both partners agreed to the divorce. Furthermore, the grounds for divorce cited on the application form could also affect the waiting time.

If I don’t need grounds for divorce, how does the process work now?

Now, to get a divorce in England or Wales you simply declare that your marriage has irretrievably broken down – provided you have been married for at least 12 months – this requirement has not changed.

• To apply for a divorce under the new divorce law you complete a statement on the divorce petition stating that the marriage has broken down irretrievably
• The person making the application then has 28 days to serve their spouse with the divorce papers – the default method of notification will be via email
• The court must take the statement of irretrievable breakdown to be conclusive evidence that the marriage has broken down irretrievably
• After a minimum 20-week ‘reflection period’ and when the applicant or applicants have confirmed they still wish to proceed the court will make a conditional order – previously called decree nisi
• Following a further 6 weeks ‘cooling-off’ period the court will grant a final order – previously called a decree absolute to formally end the marriage

It is recommended that the mandatory 20-week reflection period is used to discuss and agree on arrangements like their financial settlement if the divorce is inevitable.

How To Get Started Today

The removal of blame by citing adultery or unreasonable behaviour and also the length-based separation rules is, therefore, a welcome change to the government’s divorce law which has undoubtedly modernised the divorce process.

If you would like your entire divorce procedure handled for you, view our Online Divorce Service for £249. Using our service allows you to carry on with your life without the stress or worry of completing the divorce process yourself.