Five Grounds for Divorce
To get a divorce in England or Wales, you must prove to the Court that your marriage has irretrievably broken down.
The Petitioner needs to use one of the five grounds for divorce listed below:
2 years separation with consent
5 years separation (no consent required)
1) Adultery It can be complicated when using Adultery as a ground for divorce to prove the breakdown of your marriage. You must prove that your spouse has had sexual intercourse with another person. It's not easy to proof it. We advice to get divorce to Unreasonable Behaviour.
2) Unreasonable Behaviour Unreasonable behaviour is the most commonly used grounds for divorce in England due to the lack of a no-fault divorce system. You must show that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her. In an unreasonable behaviour petition, the Petitioner provides 4-5 examples of behaviour that has caused your marriage to breakdown. Your spouse could contest your reason, but usually you will get the divorce.
3) Desertion Desertion is defined as when your spouse deserted you without your consent for a continuous period of at least two years; this ground for divorce is almost never used as it requires the mental intent to divorce throughout the two-year period, which can be very difficult to prove.
4) Separation of 2 years with consent You can divorce after two years of separation if you have been living apart and both parties are in agreement. If you are separated but living together for financial reasons or because of children, you must show the court that you’ve been living separate lives, which can be difficult.
5) Separation of 5 years – no consent required You and your spouse have been living apart for at least five years immediately preceding the presentation of the divorce petition. In this instance, you do not require the agreement or consent to divorce from your ex-partner.
English law in Italy