Divorce can be one of the most difficult decisions anyone makes, both emotionally and practically. Understanding the grounds for divorce is a key step towards navigating the process with confidence and reducing conflict where possible.
Since April 2022, the law around divorce has changed significantly under the Divorce, Dissolution and Separation Act. There is now just one ground for divorce: the irretrievable breakdown of the marriage—meaning the court must be satisfied that your marriage has permanently ended.
What does “irretrievable breakdown of the marriage” mean?
“Irretrievable breakdown” simply means that your relationship has come to an end and there’s no chance of reconciliation. Importantly, you no longer need to prove blame, fault, or cite specific reasons like adultery or unreasonable behaviour.
Instead, either you (or both you and your spouse together) can provide a statement of irretrievable breakdown, which is taken as conclusive evidence.
What has changed since April 2022?
The introduction of no-fault divorce has transformed the way couples apply for divorce.
What is “no‑fault divorce”?
Previously, divorces often required one spouse to place blame on the other, citing “fault grounds”, but since April 2022, you no longer need to attribute fault. If they both agree, a couple can also choose to file a joint application for divorce.
A sole application remains available as before. By eliminating blame, no‑fault divorce reduces potential hostility and supports more cooperative outcomes for both parties, which can make all the difference, especially where children or financial settlements are involved.
What were the old fault‑based and separation grounds?
Before April 2022, there were five possible grounds for divorce in the UK:
- Adultery: Where one spouse engaged in a sexual relationship outside the marriage, and the other could not continue living with them.
- Unreasonable behaviour: Including issues such as domestic abuse, financial irresponsibility, or other behaviour that made married life intolerable.
- Desertion: Where one spouse left the other for at least two years without consent or good reason.
- Separation with consent (2 years): Couples who lived apart for at least two years and both agreed to the divorce.
- Separation without consent (5 years): Where couples had been separated for at least five years, even if one spouse did not agree to the divorce.
These grounds required proof, which often escalated tensions. Today, while you may still see references to these in older guidance or legal forms, rest assured: they no longer apply.
How do you apply for divorce now?
Under the current system, applying for divorce is more straightforward than ever. However, choosing the right approach can depend on your circumstances, your relationship with your spouse, and whether there are financial or childcare issues to resolve.
Sole vs. joint application
You can now apply for divorce either individually or together.
- Joint application: This is best suited for couples who agree the marriage has ended and want to reduce conflict. It allows both parties to take equal responsibility for the divorce proceedings and often helps preserve an amicable relationship.
- Sole application: This option is necessary if one spouse doesn’t wish to participate or is unresponsive.
Methods of applying for divorce
When it comes to how you apply, you can either:
- Apply for divorce yourself directly via the Gov.uk divorce portal. This is suitable for couples who are confident about keeping a harmonious relationship, have straightforward, agreed-on finances, and no disputes about children. However, it’s easy to overlook legal implications, especially regarding financial settlements. If you are considering this route, read our comparison of official vs. “DIY divorce”.
- Hire a solicitor. If your divorce involves property, pensions, or children, or if there’s tension or a lack of communication, it’s strongly recommended you seek professional advice. A family law solicitor can help you navigate complex issues, ensure you receive a fair financial settlement, and avoid costly mistakes.
Need tailored legal support? Speak to our expert divorce solicitors today. We offer clear, compassionate, and free advice with no obligation to proceed.
How do grounds for divorce affect disputed or contested cases?
The introduction of no-fault divorce has greatly reduced the scope for disputes. Previously, disagreements often centred around whether behaviour or adultery could be proven.
Today, once one party submits a valid application citing irretrievable breakdown, it cannot be challenged simply because the other spouse disagrees.
When can divorce still be contested?
While disputes are rare, they can arise in limited circumstances, such as if one party argues the marriage wasn’t legally recognised, there’s a disagreement over whether England and Wales courts have authority to deal with the divorce, or very rarely, if there is fraud or a procedural error.
In most cases, objections based on not wanting the divorce will not be accepted.
What if there are disagreements over how finances or children are handled in divorce?
Even if the divorce itself can’t be stopped, related disputes—such as dividing assets, agreeing on child arrangements, or addressing domestic abuse concerns—often need separate resolution. This is where having legal representation can make a significant difference, helping you secure fair outcomes and reducing stress during what is already an emotional time.
At Harbour Family Law, we help clients navigate these disputes with sensitivity and a focus on reducing conflict, whether through negotiation, mediation, or court proceedings as required.
Frequently Asked Questions on grounds for divorce in the UK
- Can you still cite adultery or unreasonable behaviour?
- Not as legal grounds. However, these issues may still be relevant in related disputes such as finances or child arrangements.
- What happens if I don’t agree to the divorce?
- You cannot stop the divorce simply by refusing consent. The applicant’s statement is legally conclusive.
- How long do we have to be separated?
- There is no minimum separation period under the new law.
- Can civil partnerships use the same ground?
- Yes. Dissolution of a civil partnership also relies on irretrievable breakdown. Read more about ending a civil partnership.
How Harbour Family Law can support your divorce journey
At Harbour Family Law, we understand that filing for divorce is deeply personal and often overwhelming. Our specialist divorce solicitors in Bristol offer empathetic, professional support to guide you through the divorce process. Whether you need advice on a joint application, assistance with a financial settlement, or reassurance during a difficult time, we’re here to help.
Learn more about our divorce services or explore our family law blog for further guidance. We have many posts covering every stage of the divorce process, so you can be assured that whatever may happen, you will be equipped with the knowledge to proceed with confidence.
You can book an initial consultation with one of our solicitors by calling one of the below telephone numbers for our local offices:
Clevedon Office: 0127 574 1202
Clifton Office: 0117 375 1780
Portishead Office: 0127 5285 414