Under the Matrimonial Causes Act 1973, there is only one ground for divorce, which is that the marriage has irretrievably broken down.
This must be supported by one or more of the five facts, which includes:
- Adultery – The petitioner must prove that the respondent has committed adultery and that the petitioner finds it intolerable to live with the respondent.
- Unreasonable Behaviour – The petitioner must prove that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.
- Desertion – The petitioner must prove that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition.
- Living apart for two years – The petitioner must satisfy the court that the parties to the marriage have lived apart for a continuous period of at least two years preceding the presentation of the petition. The respondent must also consent to a decree being granted.
- Living apart for five years – The petitioner must satisfy the court that the parties have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
The rules governing a divorce often prove burdensome for couples who wish to find a constructive outcome in separation disputes. This is because generally the most common fact relied upon is unreasonable behaviour. This requires one party to provide written comments in respect of the reasons for separation, which involves blaming the other party. As expected, this often causes acrimony between the parties.
In view of this, the family law group, Resolution, have confirmed that the law in this area needs to be modernised.
As such, Resolution have confirmed a manifesto setting out six areas of the law which it believes the government should address to assist separating couples and families in England and Wales. These include the following:
- Allowing people to divorce without blame;
- Providing couples who live together after separation basic legal rights;
- Protecting couples who live together after separation;
- Protecting vulnerable people through relationship breakdown;
- Introducing measures to assist out of court settlements;
- Assisting people understand how their divorce will affect their future finances;
- Introducing a parenting charter to educate parents on their responsibilities when they separate.
As you will see, Resolution’s manifesto sets out its vision for the family justice system and emphasises the need to protect those at risk of harm from domestic abuse. It also confirms the need to put children first, helping parents to work together in the best interests of the child.
Please note that these are only changes suggested by Resolution and have not yet come into effect as law.
If you need assistance in respect of your matrimonial affairs, whether this is in respect of issues concerning a divorce and the related financial aspects, children, injunctions or cohabitation disputes, please contact our offices on 01323 727321 to arrange an appointment.
Please note that the family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.
Our offices are located in Eastbourne, Meads, Hailsham and Polegate.
Nicholas Dennis
Alexandra Funnell
Guy Brown
Carolyn Richards
Tina Ripley
Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.
