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With any divorce based on separation (two years with consent or five years) the respondent can make a financial application – a ‘Section 10 application’. The application is made after decree nisi has been pronounced and has the immediate effect of preventing the decree from being made absolute – which is usually the sole purpose for making
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You can get a divorce if you have lived apart from your spouse for five years or more. Unlike a divorce based on two years’ separation, you don’t need your spouse’s consent. You do however have to prove that your spouse has received the divorce papers and thus knows about the divorce. Alternatively if your
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I have no statistical evidence to support this, but my impression is that divorces based on two years’ separation with consent are less common than they used to be. If I am right, the reason may be the introduction of pension sharing ten years ago. If a couple decide to wait for two years before
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If you have been separated for two years you can get divorced without having to prove that your spouse has done anything wrong. You do however need your spouse’s consent. It is best to be certain before you start divorce proceedings that your spouse will definitely give their consent.
You can petition for divorce if your spouse has left you and has been gone for two years having deliberately withdrawn from the marriage and you didn’t want the marriage to end. Desertion is rarely relied on these days, mainly because ‘two years’ separation with consent’ is more convenient. I’ve never been involved in a separation case
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If you petition for divorce on the basis of your spouse’s unreasonable behaviour but go on living together after you have filed your divorce petition, the court will disregard the fact that you have gone on living together. It is still possible for the court to decide that “the respondent has behaved in such a way
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You can get divorced by relying on your spouse’s unreasonable behaviour. The test is a subjective one and not an objective one, which means that when the district judge reads your petition (s)he merely has to be satisfied that you find the behaviour unreasonable. It is not a ‘man on the Clapham omnibus’ test. This does not mean
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A spouse who petitions on the ‘fact’ of adultery has to satisfy the court not only that their spouse has committed adultery but that they (the petitioner) find it intolerable to live with the respondent. Often this is the case, but sometimes the petitioner would have liked a reconciliation – perhaps they are only petitioning
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Adultery is voluntary sexual intercourse between a man and a woman who are not married to each other but one of whom at least is married. Proof of adultery is usually in the form of a written admission. When the respondent receives the divorce petition from the court there is an ‘acknowledgment of service form’ to
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There is only one ground for divorce, and that is that the marriage has broken down irretrievably. In order to satisfy the court that the marriage has broken down irretrievably, the petitioner must prove that one of five ‘facts’ applies. The five facts are: adultery, unreasonable behaviour, desertion, two years’ separation (with the respondent’s consent)
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