Are Irreconcilable Differences Grounds for Divorce in the UK?
Irreconcilable differences is a term that’s used a lot in divorce. It refers to the inability of two people to resolve their differences in order to remain married.
Irreconcilable differences is often referred to as a no-fault divorce, which is now the current divorce law in England and Wales.
Previously, to apply for a divorce you had to prove your irreconcilable differences by using one of 5 facts:
- Unreasonable Behaviour
- 2 year separation
- 5 year separation
Irreconcilable differences could include problems such as:
- Family disputes
- Bad work and a home life balance
- Difficulties communicating
- A decrease in sexual intimacy
- Personal habits
- Disagreements involving household chores
- Friends and family’s input
- Debt and money problems
- Different parenting ideas
When supporting the divorce petition with one of the five facts, or reasons for divorce, you may be unsure which fact to use.
To legally prove irreconcilable differences you have to use one of the five facts below.
Adultery involves your spouse having sexual intercourse with a member of the opposite sex and as a result, the other spouse cannot continue to live with them.
If you wish to file for divorce using your spouse’s adultery then you need to file the divorce petition within six months of becoming aware of the adultery, otherwise, the law says you have allowed the adultery to happen.
2. Unreasonable Behaviour
Filing for divorce using unreasonable behaviour involves the petitioner explaining how the respondent has behaved in such an unreasonable manor hat they find it intolerable and can no longer continue to live with them.
The petitioner will need to provide the court with several written examples of the Respondent’s unreasonable behaviour.
3. 2 Year Separation
Divorce after 2 years is England & Wales’ answer to a no-fault ground for divorce.
It allows spouses to present a divorce petition to the court on the basis that they have been separated for 2 years or more and that they both consent to the divorce in writing.
4. 5 Year Separation
5-years separation involves the petitioner and respondent being separated for 5 years or more. You do not always need your spouse’s consent to divorce providing that you have done everything that is required to either find them or serve them the divorce papers.
Desertion is the least used grounds for divorce and simply means that your spouse has deserted you without your consent for at least two years.
Starting Divorce Proceedings
Starting a divorce can be an extremely difficult time especially if you don’t understand the divorce procedure or how to complete the divorce forms.
There are many factors that need to be considered when divorcing including children, belongings and finances. All of which can be very difficult to discuss with your spouse.
Not only is the divorce process daunting, many consider it to be extremely expensive.
Divorce-Online can provide you with the same service as your high street solicitor but at the fraction of the price. We have helped thousands obtain a quick, cheap and stress-free divorce.