RELATIONSHIP BREAKDOWN GLOSSARY
Adultery
Sexual intercourse by married person with somebody other than his husband or wife. This is one of the five grounds for divorce. We are often asked by clients whether a petition for divorce can be commenced on the grounds of their own adultery. Sadly, the answer is no!
Desertion
When one party to the marriage leaves the other without the other's consent. After two years have passed, this will be sufficient to form one of the five grounds of divorce.
Grounds For Divorce
A Petitioner has to prove that the marriage has broken down irretrievably but can only do so by proving one of five grounds, namely, Adultery, Unreasonable Behaviour, Desertion, Separation for 2 years and consent and seperation for five years with or without consent.
Irreconciliable Differences
If we had a
pound for every time we were asked if a divorce could be obtained on this
ground, we would have retired rich long ago! There is no such ground although,
in reality, it is why most marriages break up.
Judicial
Separation
This is an order of the Court indicating that the parties
have formally separated and therefore no longer have the mutual rights and the
obligations of marriage except as provided by the Court. It is used when the
parties cannot agree on the terms of their separation or where only one party
wants a separation. It can only be obtained by establishing one of the five
grounds for divorce, so it is just as hard (or easy) to obtain one but the good
news is that, unlike with divorce, proceedings for judicial separation can be
brought before a period of one year has expired. Judicial separation as well as
divorce gives the court the jurisdiction to make orders for ancillary relief.
Separation
This is the physical act of the parties to the marriage
physically separating and leading separate lives, Usually this means one party
will leave the matrimonial home but not always. Parties can lead separate lives
under the same roof provided that they are not part of the same household.
Separation however does not take effect in law simply by one party removing
themselves from the matrimonial bedroom. Provided both parties consent, after a
period of two years this will form one of the five grounds for divorce. If the
parties are separated for a period of five years or more, then this will also
form a ground for divorce, whether or not both parties consent.
Unreasonable Behaviour
This is the shorthand for one of the five grounds for divorce. If the
marriage has broken down irretrievably and one of the parties to the marriage
has behaved in such an unreasonable manner that the other finds it intolerable
to live with him or her then this may form the basis of a divorce petition.
Unreasonable Behaviour is probably the most common ground for divorce. In
reality it is not very difficult to prove because judges are realistic and don't
set a very demanding standard when considering what is unreasonable
behaviour.