A divorce may be obtained by anyone who has been married for over one year providing one party or the other is domiciled in England and Wales or has been habitually resident in England and Wales for a period of 12 months preceding the divorce.
What is the Law?
To obtain a divorce you need to prove that your marriage has irretrievably broken down and one of the five facts listed below;
- A spouse has committed adultery and the other spouse finds it intolerable to continue living with him/her.
- A spouse has behaved in such a way that it would be unreasonable to expect the other to continue living with him/her.
- A spouse has deserted the other for a continuous period of two years or more.
- The spouses have lived separately for a continuous period of two years or more and both spouses consent to the divorce.
- The spouses have lived separately for a continuous period of five years, whether or not the other spouse consents to the divorce.
You will probably need advice on which fact to proceed and you should discuss this with your Solicitor.