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January is often a time for new beginnings, but for many, it’s also a time to reflect on life’s challenges, including the state of their marriage. It’s no surprise that January is commonly referred to as "Divorce Month," as people take steps to address issues they may have been considering for some time. If you’re thinking about divorce, understanding the legal grounds is an important first step.

The main legal ground for divorce is the ‘irretrievable breakdown of the marriage’. This can be established through a number of circumstances, such as:

1. Unreasonable behaviour: This is the most commonly used way to establish the breakdown of a marriage. Unreasonable behaviour can include a wide range of actions, such as verbal or physical abuse, excessive drinking or substance abuse, financial irresponsibility, or even a lack of emotional support or affection.

It’s important to note that what constitutes “unreasonable” depends on individual circumstances and if the behaviour makes it unreasonable for one spouse to continue living with the other, this may be grounds for divorce.

2. Adultery: Adultery is another way to establish irretrievable breakdown. This applies to sexual relationships outside of the marriage and it must be proven or admitted by the other party.

3. One-year separation with consent: If both parties agree to the divorce, living separately for one year can also establish irretrievable breakdown. This is often seen as one of the more amicable routes, as it avoids the need to attribute blame or prove specific behaviour.

4. Two-year separation without consent

When one spouse does not consent to the divorce, it is still possible to proceed if the couple has lived separately for two years. This route provides an option when agreement cannot be reached but does require a longer period of separation. It is important therefore to try and get evidence of when the separation began.

Divorce can be an emotional and complex process, and understanding the legal requirements is just the beginning. Our specialist Family Team can guide you through every step, ensuring your rights are protected and helping you navigate decisions about finances, property, and children. If you want to discuss your options, please get in touch.