Grounds for Divorce

The relationship must have irretrievably broken down based on:

Adultery

Behaviour

Desertion for two years

Separation for two years if both consent

Separation for five years, even if the other does not consent.

It is best to avoid adultery because it might be denied and if you know the identity of the other party, you have to name him or her as the co-Respondent which adds to the costs and stress.

A behaviour Petition need not be cruel.  It is often sufficient to say that, for example, the other party paid more attention to business, or other interests in the marriage, and when you raised your unhappiness and concerns they were brushed aside.

The Judge is not interested.

Conduct is not relevant unless it amounts to paedophilia, adultery in the marital bed, or serious violence involving breaking limbs etc.

Anything else such as the odd “slap”,  whilst regrettable, does not interest the Judges.

That is just the ups and downs of married life and has no impact on a financial settlement.

Expert advice is advisable when drafting a behaviour petition, to avoid unnecessary inflaming the situation whilst securing the divorce.

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