There is only one ground for divorce and that is that the marriage has irretrievably broken down. The way that a petitioner for divorce convinces a court of this is to establish one of the five facts in support, namely: adultery, unreasonable behaviour, desertion, two years' separation (with consent) or five years' separation (no consent required).
A recent case came before the Court of Appeal and is notable due to its highly unusual facts.
A court refused to grant a divorce to a Petitioner who had been married to her husband for 39 years. The Respondent (husband) however, denied that the marriage had irretrievably broken down. The wife has appealed to the Court of Appeal and the decision is awaited.
However, the facts offer an interesting insight into what a court considers amounts to irretrievable breakdown. The Judge at first instance described the Petitioner's allegations against her husband as 'exaggerated' and 'at best flimsy', claiming they were 'minor altercations of a kind to be expected in a marriage' and 'an exercise in scraping the barrel'. The Judge also found that the Petitioner 'more sensitive than most wives' and that she had 'exaggerated the context and seriousness of the allegations to a significant degree'.
The husband and wife have been living apart since 2015 following a short affair by the wife. She has made 27 allegations about the way her husband treated her, including that he was 'insensitive' in his 'manner and tone' and said she was 'constantly mistrusted' and felt unloved.
The wife said: 'The simple fact is that I have been desperately unhappy in our marriage for many years. There is no prospect of reconciliation.'
Sir James Munby, President of the Family Division, hearing the appeal, said: 'It is not a ground for divorce if you find yourself in a wretchedly unhappy marriage - people may say it should be.'
The majority of divorce petitions do not come to court to be decided. However, if you are in an unhappy marriage and you want a divorce, you might want to consider taking specialist legal advice.
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