Grounds for Divorce and Facts
Since April 2022, the process of getting a divorce in England & Wales has been changed and, in some ways, simplified, in other ways complicated.
There is now only one Ground for Divorce and that is requires you to show to the court that your marriage has ‘irretrievably broken down‘. In simple terms this means that there is no prospect of a reconciliation between you.
To support your ‘grounds’ for divorce, you swear a statement. You no longer need to apportion blame, as in the old law. The previous law used to require you to establish at least one of five ‘facts‘. These WERE:
- The unreasonable behaviour of your spouse
- Adultery by your spouse
- The fact that you have been separated for at least 2 years and, your spouse agrees to the marriage being dissolved
- Desertion by your spouse
- 5 years separation
Since the introduction of no-fault divorce laws in April 2022, it is no longer necessary to use any of these five grounds for your divorce. The new system is designed to reduce further conflict between divorcing couples by removing the need to blame one another for the breakdown of the marriage.
Where there are financial proceedings, (these used to be called ‘Ancillary Relief‘, and are now called Financial Remedy) or proceedings about children, these are separate matters in respect of which we can also assist you.
We can advise you how best to proceed through Option A or Option B of our Fixed Fee Assessment.
Complications
We have extensive experience is preparing and progressing divorce petitions. Especially complex issues of jurisdiction or validity of marriage & consummation. With our advice and assistance you will often not even have to attend court for your divorce. To discuss your requirements and make an appointment call 020 8401 7352 during office hours.
