The Irretrievable Breakdown of Marriage
In England and Wales, there is only one reason for divorce, the irretrievable breakdown of marriage.
However, it’s important to understand that the irretrievable breakdown of marriage alone is not an acceptable reason for divorce – the divorce court must be satisfied that this is the case, and you will be asked to prove it using one of the five acceptable grounds for divorce in the UK.
A No-fault Divorce is accepted in some countries, but at present England or Wales are not one of them, though it is now expected to come into effect on 6th April 2022 as set out in this Parliamentary Bill press release.
How is Relationship Breakdown or Irretrievable Breakdown Defined?
There is no absolute definition of a relationship breakdown or for an irretrievable breakdown, but usually it means that you are unhappy in marriage and unable, or simply not willing, to carry on living and being in a marriage with your spouse.
Marriage breakdown means your relationship can no longer be retrieved and has come to a definite end.
How do you know when your marriage is over?
Common marriage breakdown signs include constant arguing, frequent conflicts, and different opinions, which can all lead to unhappiness in marriage and consequently a relationship breakdown.
10 common problems that can lead to the breakdown of relationships:
- Finances and debt problems
- Lack of trust
- A stressful job or frequent nights away
- Reduction of sexual intimacy
- Clashing personality’s
- Problems communicating
- Disagreements involving household chores
- Different parenting ideas
- Family conflicts
- Growing apart
If you believe you have reached the point of “irretrievable breakdown of marriage”, but you are unsure how to get a divorce or what grounds for divorce are appropriate please do not hesitate to Contact Divorce-Online. Our experienced and friendly advisers are waiting to offer advice or help you get divorced.
Grounds for Divorce in the UK
The divorce process in England & Wales requires that you prove marriage breakdown using one of the five acceptable grounds for divorce in the UK which are:
The Divorce Process
1. Find Suitable Grounds for Divorce
To file for divorce you need to explain to the court why your marriage has irretrievably broken down, which is done by establishing one of the five available ‘facts’.
- Unreasonable Behaviour
- 2 year separation
- 5 year separation
2. File a Divorce Petition Form D8
The filing of the divorce petition (form D8), is where you ask the court for permission to divorce. You are asked to disclose details on your marriage and a detailed reason for why you wish to end your marriage.
3. Acknowledgement of Service
This involves the court sending your spouse (the respondent) an acknowledgement of service form, your spouse will need to respond within 7 days.
Your spouse essentially tells the court that they are happy for the divorce to go ahead based on the reasons provided.
4. Decree Nisi Stage
At this stage of proceedings, the court will go through your divorce application and decide whether they are happy for it to proceed.
If the information in the divorce petition is correct and your spouse has responded to the court, they will grant you a decree nisi pronouncement date.
This date is an important step as you are then entitled to apply for the final decree (decree absolute), 6 weeks after this date.
5. Decree Absolute
To obtain a decree absolute in divorce proceedings, you must apply to the court 6 weeks and 1 day after the date of your decree nisi pronouncement date.
The court will grant you a decree absolute, usually with 1-2 weeks of receiving your application, which will formally end your marriage.
How Divorce-Online Can Help You
We have helped thousands of couples obtain a quick, easy and cheap divorce.
Our Managed Divorce Service for £189 is the quickest and easiest way to obtain a divorce. We handle your entire divorce procedure whilst keeping you updated every step of the way.