Can I get divorced on the basis of my own adultery (or unreasonable behaviour)?

Posted by Rory Miln on Monday, January 10, 2011 Under: definitions

This question crops up from time to time. The answer is no - divorce in England and Wales is fault-based (unless you rely on 2 years' or 5 years' separation) and you must satisfy the court that your spouse has committed adultery or behaved unreasonably. There is no mechanism for getting a divorce because of what you yourself have done.

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Rory Miln

Principal

Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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acknowledgment of service additional state pension adultery affidavit of service affirmation agree in advance the text of the 'particulars of unreasonable behaviour' part of the petition agreed draft order ancillary relief ancillary relief order by consent answer appointment more or less straight away biological father broken down irretrievably cafcass cash equivalent transfer value cetv child maintenance child maintenance payments to be deducted at source? child support child support agency children and family court advisory and support service clare's law clean break client or customer? cmec co-respondent cohabitants' rights cohabiting couples common law husband common law marriage common law wife conditional order condoning unreasonable behaviour consent order contact contribution converting a joint tenancy into a tenancy in common costs costs and public funding costs hearing costs in ancillary relief proceedings costs in the application costs of the main suit costs reserved court court cases involving children court fees court of appeal court welfare officer courts csa decree absolute decree nisi defend defended divorce deliberately withdrawn from the marriage desertion directions directions appointment disclosure dissolution divorce divorce costs divorce procedure do i have to go to court? document documentary evidence domestic violence don't deal piecemeal with your finances don't skip financial disclosure dwp dx england and wales expert report facebook fairness family mediation father sign birth certificate? fdr appointment file file your answer within 28 days finances financial arrangements settled by agreement financial disclosure five years' separation foreign marriage form br20 form tr1 full financial disclosure get divorced but not straight away go to school grandparents' contact grave financial or other hardship having the occasional meal together hold up decree absolute home rights if your spouse has disappeared inheritance international child contact intolerability and adultery intolerable to live with the respondent irretrievable breakdown joint tenancy joint tenants jointly-owned property judicial gem land registry form tr1 law commission life assurance living at the same address living together after you have filed your divorce petition lottery loyalty points maintenance man on the clapham omnibus marriage matrimonial 'pot' matrimonial home rights mediation mediation before applying to the court medical treatment most cases settle by agreement multiple islamic marriages name the third party nectar points new court forms new court rules no answer or reply no order principle no pension sharing without a court order - no court order without a divorce no-fault divorce non-owning spouse non-religious version of an swearing an oath number of divorces in england and wales ombudsman out of the jurisdiction parental responsibility particulars pension attachment pension expert's report pension report pension sharing pension sharing - don't guess! personal possessions personal service petition petitioner polygamy post prayer prevent the marriage from being dissolved proceedings prohibited steps public sector pension rearranging a couple's pension provision reasonable reasonable steps to find your spouse reconciliation relocation reply report and recommendation for the court residence respondent rules of intestacy separation separation agreement serve set down setting aside a transfer sever the joint tenancy shared care silver separation six months rule sleeping apart is not enough solicitor sometimes the petitioner would have liked a reconciliation specific issue order start statement of information statement of information for a consent order surrogacy swear on oath take the child out of the uk taking children to live abroad tenancy in common tenants in common the 1996 hague convention the five 'facts' the petitioner controls when the marriage is finally dissolved time to think about what we're doing transfer value trial by correspondence two marriage ceremonies two years' separation with consent unable to afford to run two separate households undertaking not to apply for decree absolute unequal shares unmarried couples unperfected order unreasonable behaviour voluntary sexual intercourse wait for two years before getting divorced welfare of the child what will happen if you die while you still own the property

About Miln MacLeod

Rory Miln

Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page