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Grounds for divorce

To obtain a divorce, you must provide written reasons to the Court as to why your marriage has irretrievably broken down.

Your reasons must fall into one of the following five categories, known as ‘facts’:

  • Adultery: Your husband or wife has been unfaithful during your marriage.
  • Unreasonable behaviour: Your husband or wife has behaved in a way that you find unreasonable.
  • Desertion: Your husband or wife has deserted you.
  • Agreement: You and your partner agree to be divorced and have been separated for two or more years.
  • Separation: You and your partner have been separated for five or more years.

The divorce process is set to change in Spring 2022 with the introduction of ‘no fault’ divorces. The changes mean a couple will be able to divorce in the future without the need to make allegations or give written grounds.

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