What Are The Ground For Divorce?

Divorce is the legal process of ending your marriage. Before 6 April 2022, you or your partner would have been required to prove one of five grounds to obtain one. However, since then, the Divorce, Dissolution and Separation Act 2020 has introduced the concept of a ‘no-fault divorce’ – this means that the marriage breakdown does not require placing blame or assigning a ‘reason’.

In 2024, to get divorced in England and Wales, the following must be true:

• You’ve been married for at least one year

• Your relationship has broken down permanently

• Your marriage is recognised legally in the UK — this also applies to same-sex marriage

Therefore, the only ground for divorce now is an irretrievable breakdown of the marriage. Prior to 6 April 2022, you had to cite one of five reasons in order to obtain a divorce:

• Adultery: A husband or wife has had sexual intercourse with someone of the opposite sex who isn’t their spouse.

• Unreasonable behaviour: This included financial abuse, domestic violence, alcoholism and many more reasons.

• Desertion: This is when a husband or wife has deserted their spouse for a continuous period of at least two years.

• Two years’ separation with consent: This period of living apart must have started two years before the petition for divorce. Both parties must have agreed.

• Five years’ separation without consent: This allowed for one party to issue proceedings without the parties’ agreement.

As mentioned, no-fault divorce has replaced these grounds for divorce in England and Wales, so that there is no requirement of blame of either party, or a specific need to provide evidence that the relationship has broken down. This makes the process more straightforward for couples to commence proceedings.

How do I get a divorce?

The divorce process is now dealt with online through the UK government website and a central digital divorce unit.

It used to be possible to submit pre-printed application forms to the regional divorce centre, located in Bury St Edmunds. However, all divorce applications are now processed online. Since September 2021, legal representatives have been required to submit divorce applications through a system called MyHMCTS.

Can I get divorced without a solicitor in 2024?

The launch of the UK government’s digital divorce service has led to a rise in ‘DIY divorces’, with people seeking to avoid solicitor fees. In 2024, it is very possible to divorce without a solicitor.

However, if your divorce involves agreeing on children, money, businesses or property – or the divorce is international – we’d strongly recommend you seek expert legal advice. This ensures all relevant assets are considered for a fair financial settlement, and all issues concerning children matters are resolved before conclusion of the divorce.

We’ve written in more detail about the various stages involved with the divorce process, as well as a guide to divorce without a solicitor, including potential pitfalls.