How do I show the marriage has broken down ?
The law says you may be able to get a divorce if you can show one of the following:
1. Your partner has slept with someone else and you find it difficult to carry on living with him or her ("adultery").
2. Your partner has behaved in a way that makes you think you can't carry on living together ("unreasonable behaviour").
3. You and your partner have been separated for at least 2 years before you started the divorce and your partner agrees that you should both divorce.
4. You and your partner have been separated for at least 5 years before you started the divorce, (your partner does not have to agree to the divorce).
5. Your partner has deserted you at least 2 years before you started the divorce.
Your solicitor can help you decide which of these is the best one for your case.
Questions & Answers
- We have only been married a short time when can I start a divorce?
- How do I show the marriage has broken down?
- What if we can't carry on living together, but we don't want a divorce?
- What do I need to prove to get a legal separation?
- Can we just decide to separate without involving the courts?
- Do I need a solicitor to start a divorce or judicial separation?
- What is a Decree Nisi?
- My partner has started the divorce proceedings. Is there anything I need to do?
- My partner owns the property in which we live/or only their name is on the rent book. Will I have to leave if we separate?
- My partner has changed the locks to our home and won't let me back in. What can I do?
- I left the house and my children. Does this mean I do not have any rights?
- How can I get my partner to help me pay the bills?
- Who pays maintenance for the children?
- How does the court decide how much money I should get or what I should pay my partner?
- Do I have to tell anyone that my partner and I have separated/divorced?
- We are not married. Do I have any rights?