Divorce and Irreconcilable Differences

I have many clients come to see me stating that the marriage has broken down and they wish to divorce based on “irreconcilable differences”. It seems that there is a lot of confusion regarding the divorce procedure.

To obtain a divorce you need to prove that your marriage has “irretrievably broken down”. To show this you have to rely on one of five facts. The facts you can rely on are:

1. Adultery i.e. your spouse has had sexual intercourse with another person;
2. Unreasonable behaviour i.e. that you find it intolerable to live with your spouse due to their behaviour which is….;
3. That you have been separated for 2 years and you both consent to the divorce;
4. That your spouse has deserted you for over 2 years;
5. That you have been separated for 5 years.

Unless you can show one of the above you are not entitled to a divorce, regardless of whether or not your marriage has broken down. Unfortunately, as is shown above “irreconcilable differences” is not a factor in divorce proceedings.

Need any help determining whether you are entitled to a divorce? Contact our specialist solicitor, Gillian Lavelle now on 01942 206060 or email GillianLavelle@wigansolicitors.com.

Gillian also offers FREE 30 MINUTE FAMILY ADVICE appointments.