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  • Jane Chandler

Should I leave my marriage or should I stay?


Knowing whether to leave your marriage can be a difficult decision.


In order to issue a petition for divorce, the parties must have been married for more than 1 year immediately preceding the petition for divorce.


There is only one ground for divorce and that is that there is irretrievable breakdown of the marriage, and one of 5 facts need to be proven for the Court to be satisfied that the marriage has irretrievably broken down:


1. The respondent has committed adultery and the petitioner finds it intolerable to live with the respondent.

2. The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent. It is usual, although not always necessary, to rely on a course of conduct during the marriage with details of the first, last and most serious incident. If relying on this fact it is important to state the effect the respondent’s behaviour has had on you.

3. The respondent has deserted the petitioner for a continuous period of at least 2 years immediately preceding the presentation of the petition.

4. The parties to the marriage have lived apart for a continuous period of at least 2 years immediately preceding the presentation of the petition and the respondent consents to a decree being granted. Sometimes it is not possible for the parties to have lived in separate houses due to financial reasons and it is possible to have lived apart within the same house but the court will need to be satisfied that the parties have lived separate lives within the same property.

5. The parties to the marriage have lived apart for a continuous period of at least 5 years immediately preceding the presentation of the petition.


If you would like further information on separation, adultery or any other aspect of divorce, please contact us on 03301 333 862 or jane@janechandlerfamilylaw.co.uk

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