Divorce Lawyers Harborne Birmingham
It is unfortunately the case that marriages often break down. We understand that, due to the stressful and emotional nature of divorce, proceedings need to be treated with sensitivity.
Whether you and your partner have decided to divorce amicably, or things are more complicated, our experienced family law team based in Harborne Birmingham can give you expert advice to achieve the best results for you.
Grounds for Divorce in England
The only ground for divorce in England is, ‘irretrievable breakdown of marriage’. This claim may be based on one or more of five subcategories:
- Adultery: if your spouse has had sex with someone of the opposite sex. You cannot use your own adultery as a ground. This ground also cannot be used if you have lived with your spouse for 6 or more months after you found out about it.
- Unreasonable behaviour: this is where your spouse has behaved so badly that he/she is unbearable to live with. Examples of this sort of behaviour include: physical abuse, verbal abuse, and abuse of alcohol or illegal substances.
- Desertion: an uncommon ground for divorce, as it is difficult to prove. This is where one party to the marriage has left for a period of 2 or more years in the past 2 ½ years, without good reason, and without your agreement
- Separation for 2 or more years: if you have separated for this period of time, you may get a divorce if your partner agrees in writing.
- Separation for 5 or more years: if you have been separated for this period of time, you may get a divorce even if your partner disagrees.
Does the law require us to have been married for a certain amount of time?
Yes. In order to divorce you must have been married for one full calendar year before you can start proceedings.
Grounds for annulling a marriage:
- A divorce may not be necessary if the marriage can be annulled, in which case there is no time requirement. A marriage may be annulled if it is void, or voidable.
- A marriage is void if it was never legally valid in the first place, for example: if you were under 16, or already married.
- A marriage is voidable, for example: if the marriage hasn’t been consummated, or if you didn’t consent to it.
If you or your partner wants to formally separate without dissolving the marriage, we can also advise you on Legal Separation.
If you need advice regarding Divorce in England, we can help.
Our team of divorce solicitors are based in Harborne, Birmingham and can help you today. Call us on 0121 455 8347 or click here to make an enquiry.