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Divorce Law In The UK - What are the Basis of Divorce


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Divorce Law in the UK is very much strict. It is not as easy to get divorce in this country as some people may tend to think. This is a good thing, as it forces couple solve the difference, which could be solved with a little bit of mediation from friends and family, instead of filing a divorce and getting separated. It, in turns, help protect the fabric of society, which, as it is, is getting torn by various things happening all around us.

But there are times when living together becomes tougher than going the separate way. When staying with each other becomes intolerably difficult, the couple may contemplate for a legal separation, though this is not the first thing that a couple should do or consider. A couple should first meet marriage counselor and try other ways as well to save their marriage, as regardless of condition of a marriage, separation is a painful process. And when nothing works then only think of separation.

Divorce Law in the UK – basis for separation

There are precisely five conditions in which the UK law permits a married couple to separate their ways. These are:

  1. Desertion
  2. A couple staying separately for two years with consent
  3. A couple staying separately for five years without consent
  4. Adultery
  5. Unreasonable behavior

Although all five can be the basis for divorce under the divorce law in the UK, the first three are not very commonly used. The two top reasons for divorce filing in the UK is adultery and unreasonable behavior, so we will talk about that before moving future.


Adultery refers to a situation when a lawfully wedded person cheats on his or her partner, under whatever circumstance. A person who moves court against his or her spouse needs to furnish some proof about the charges levied on the person. To file a divorce case under adultery, a person needs to file a case within 6 months of the knowledge of adultery.

Unreasonable behaviour

Ask any divorce lawyer and he or she will tell you that unreasonable behavior is the most common reason for getting divorced. Proving unreasonable behaviour is comparatively easy, and anything that goes against the other person in the relation can be used to file divorce under this condition. It is, for that reason, is the most common reason why a person files for divorce.

Anything from excessive argument to shouting to fighting daily to not talking to not understanding other person’s need can be used to form the basis of unreasonable behaviour.

A person can also file for divorce if his or her spouse has deserted the person. As mentioned above separation with or without consent can also be reason for getting divorce.

Divorce law in the UK has been formulated to maintain the structure of family, and thus the society, so taking divorce ha been made difficult. The idea is one should only take divorce when living becomes intolerably difficult. A marriage that can be saved should be saved, and divorce should only be filed if there is “irreparable damage” to the marriage.


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