DBS Law Ltd

divorce, judicial separation and civil partnership

There is only one ground for divorce (for married couples) or dissolution of civil partnership (for same sex relationships) which is that the marriage or civil partnership has broken down irretrievably.

To satisfy the court that there has been an irretrievable breakdown of the marriage the Petitioner in a divorce must prove one of the following five facts: The Applicant in dissolution of a civil partnership, must prove one of the facts (b) to (e). Adultery is not included as a separate fact.

(a)        That the Respondent has committed adultery and the Petitioner finds it intolerable to live with the Respondent.

(b)        That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent.

(c)        That the Respondent has deserted the Petitioner for a continuous period of at least two years immediately before the start of the divorce.

(d)        That the parties to the marriage have lived apart for a continuous period of at least two years immediately before the start of the divorce and the Respondent consents to a Decree being granted.

(e)        That the parties to the marriage have lived apart for a continuous period of at least five years immediately before the start of the divorce.

Alternatively one of the parties to the marriage may apply for a judicial separation, if he or she does not believe that the breakdown of the relationship is irretrievable but wishes the court to recognise the separation.

DBS Law are able to advise clients on any of the above issues and represent them in court proceedings 

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