Introduction to Divorce Grounds and Eligibility
Divorce grounds are the legal reasons a court recognises as valid for ending a marriage in the UK. Before you begin the divorce process, it’s important to understand whether you are eligible to apply and what you need to prove. The law now centres on the concept that a marriage must have irretrievably broken down for a divorce to be granted. This approach, often referred to as “no-fault divorce,” means neither spouse has to prove wrongdoing by the other.
Understanding these legal reasons for divorce is the first step in deciding if divorce is right for your situation. The main requirement is to show that the marriage breakdown is irretrievable, which is the only ground for divorce under current UK law.
This page provides an overview of divorce grounds and eligibility. You’ll also find links to more detailed information on related topics, such as residency rules, costs, and other important steps in the divorce process.
What Are the Legal Grounds for Divorce in the UK?
In the UK, you can only get a divorce if your marriage has “irretrievably broken down.” This means the relationship cannot be repaired and there is no reasonable chance of getting back together. To show this to the court, you previously had to prove one of five specific facts, often referred to as the grounds for divorce:
- Adultery: Your spouse has had a sexual relationship with someone else of the opposite sex. For more details on how this ground is treated in legal proceedings, see "To the Adulterer the Spoils? The role of Conduct in Divorce and Financial Proceedings in England and Abroad".
- Unreasonable behaviour: Your spouse has behaved in such a way that you cannot reasonably be expected to live with them. This could include things like abuse, addiction, or neglect.
- Desertion: Your spouse has left you for at least two years without your agreement, with the intention to end the relationship.
- Two years’ separation with consent: You and your spouse have lived apart for at least two years, and both agree to the divorce.
- Five years’ separation without consent: You have lived apart for at least five years, and you do not need your spouse’s consent to divorce.
You only need to prove one of these facts to the court to be granted a divorce. However, the law has changed in recent years. Now, with no-fault divorce, you no longer need to give reasons or prove fault – simply stating that the marriage has irretrievably broken down is enough.
Today, the courts focus less on blame and more on confirming that the marriage cannot continue. This shift aims to make the process less confrontational and easier for everyone involved. If you want to learn more about what you need to prove when considering ending your marriage, see our section on grounds for divorce.
Who Can Apply for a Divorce? Eligibility Criteria
To apply for a divorce in the UK, you must meet certain eligibility criteria before starting the process. First, only people who are legally married can apply for a divorce – civil partnerships follow a separate legal process. Both parties must be at least 18 years old.
Residency rules are also important, as you generally need to have a strong connection to England and Wales, Scotland, or Northern Ireland to file for divorce in that part of the UK. This is known as divorce jurisdiction, and it determines which court can handle your case. Where you live, or where your spouse lives, may affect where you should apply.
It’s also essential to ensure your marriage is legally recognised in the UK. Meeting these basic criteria is just the first step – your situation must also satisfy the legal divorce requirements before the court will grant a divorce. Visit our detailed guide to learn more about what you’ll need to prove and how to get started.
Residency and Jurisdiction Considerations
When applying for a divorce in England and Wales, it’s important to understand both residency and jurisdiction. Residency refers to where you and your spouse live or have your main home, while jurisdiction determines which country’s courts have the legal authority to handle your divorce.
To file for divorce in England and Wales, you or your spouse usually need to be habitually resident or domiciled here. The rules that decide if the courts have jurisdiction are set out in the Family Law Act 1986, Section 1, which outlines the conditions under which a court can hear a divorce case.
Complications can arise if you and your spouse live in different countries, as more than one country could potentially have the right to deal with your divorce. This can affect not only the process but also the outcome regarding finances and arrangements for children.
Before starting your application, it’s essential to check which court has jurisdiction to avoid delays or having your application rejected. For a more detailed explanation of the rules and how they might apply to your situation, see our comprehensive guide on divorce jurisdiction.
Understanding No-Fault Divorce
No-fault divorce is a significant change in UK divorce law, introduced under the Divorce, Dissolution and Separation Act 2020 and in effect since April 2022. Unlike the previous system, which required one spouse to prove fault – such as adultery, unreasonable behaviour, or separation – no-fault divorce allows couples to end their marriage without assigning blame or providing evidence of wrongdoing.
This new approach removes the need to prove that one partner is at fault, making the process less confrontational and often less stressful for everyone involved. By focusing on the fact that the marriage has irretrievably broken down, no-fault divorce helps reduce conflict and can make it easier for couples to move forward.
If you’re considering divorce, it’s important to understand how the no-fault process works and how it might benefit your situation. For a detailed explanation of the rules, steps involved, and what to expect, visit our dedicated page on no-fault divorce.
Next Steps After Understanding Grounds and Eligibility
Once you’ve confirmed you meet the grounds and eligibility for divorce in the UK, it’s important to start preparing for the next steps. Before applying, consider how you’ll approach financial arrangements and make plans for any children involved. Sorting out these matters early can help the process run more smoothly.
If you and your spouse need to agree on issues like finances or child care, exploring options such as divorce mediation can help resolve disputes amicably and may reduce stress and legal costs. It’s also wise to understand the likely divorce costs so you can plan your finances accordingly.
Financial settlements are a key part of divorce. You may want to learn about financial orders after divorce and review Financial Arrangements to understand your options and obligations. If you own property together, consider reading more on property considerations during divorce to protect your interests.
For parents, making clear child arrangements is essential to ensure stability for your children. If your work or income is likely to be affected, check your rights to maternity, paternity, and parental leave and see the official guidance on Parental Leave Rights.
Taking these steps can make the divorce process less daunting and help you move forward with greater confidence. If you’re ready, you can begin gathering the necessary documents and information to start your application.
