Dec 8

How Family Law Solicitors see the Grounds of Divorce

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How Family Law Solicitors see the Grounds of Divorce

In the recent years, behaviour has been used as grounds for the majority of divorce cases. On the other hand, only one third of these cases were actually based on behaviour, whereas the rest were fabricated to assist in the speedy completion of the divorce process. Family Law Solicitors believe that this has become somewhat of a trend, and the following text elaborates on the possible reasons behind it.

                In the UK, the only valid reason behind a divorce is that the marriage has sustained irreversible damage. This damage could have been caused from anyone of the following reasons:-

  • Adultery:-
    • If one partner commits adultery, the other partner can file for a divorce if they can no longer continue to live with that partner.
  • Behaviour:-
    • If one partner’s behaviour has become unbearable, due to which the other partner can no longer live with that partner.
  • Separation:-
    • If both partners have been separated for more than two years.
  • Desertion:-
    • If one partner has deserted the other for no apparent reason for a considerable time period.

Problems with Divorce Petitions Based on Adultery:-

Divorce petitions based on adultery require proof before it can be decided if the grounds are valid or not. The easiest and quickest approach for such cases is that respondent can simply admit to the allegations of divorce. However, such admissions are risky and are not recommended and if the respondent has in-fact committed adultery, the petitioner will have to present valid proof. To avoid the unnecessary delays involved in adultery, most family law solicitors advise their clients to base their divorce petitions on behaviour.

Problems with Divorce Petitions Based on Behaviour:-

Many clients choose to get a divorce because they claim to have grown apart from each other and/or no longer share the same interests. Unfortunately, the judge will not consider this as valid grounds and they are advised by their Family Law Solicitors to base their petitions on behaviour. With the cooperation of their solicitors, the couple can work on four to six different examples of questionable behaviour that can be used as grounds of divorce in court. These behavioural patterns have to be constructed carefully as they will impact the outcomes for both finances and children.

If you wish to start your divorce proceedings immediately, it is a good idea to base your divorce petition on either adultery or behaviour. Proving adultery might not always be possible, however experienced family law solicitors may be able to guide you to better options in terms of behaviour.