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4 Ways to Prove An Irretrievable Breakdown of Marriage

DJP Solicitors • Mar 27, 2024

While the word divorce can be intimidating for a lot of people, it can be a worthwhile process for many. Becoming legally separated from one another is often an essential part of moving on, so learn four reasons a court of law will accept as the irretrievable breakdown of your marriage, all within this article.


Unreasonable Behaviour

One undoubtedly important way to prove that a marriage should end is if the spouse has behaved unreasonably. While this may seem like a broad term, it essentially refers to any controlling, dominating or abusive behaviour from one spouse to another. This could include physical violence, as well as controlling who the other party may see and speak to. In these instances, sometimes only one party wants a divorce. If this is the case, witnesses may need to be called upon or medical evidence provided, to justify the divorce to a court of law. 


Adultery

A divorce may be warranted if one party has had a sexual relationship with another, outside of the marriage. If only one party wants a divorce, the adultery will need to be proved in front of a court of law, through the employment of the dates and places where the cheating took place. This is provided to duly satisfy the court that the marriage is broken down fully and the persons can no longer live together. If both parties agree to divorce following adultery, the court should only need the details of the adulterous relationship, rather than proof.


Separated Parties Both Agree To Divorce

Sometimes, a divorce may end amicably and on its own, with both parties agreeing to divorce. To do so, the persons will need to prove to a court of law that they have been separated for one year and have agreed to divorce. Separation refers to the leading of two separate lives, so the persons do not necessarily need to live in different homes to qualify as separate. 


One Party Wants To Divorce

In some cases, only one party will want to end a marriage. If the couple have lived separate lives for more than two years, a court will usually agree to a divorce, regardless of whether the spouse agrees. Once again, the married persons can live in the same home during these two years but must be leading two different lives, no longer as a married couple. 


How We Can Help

At DJP Solicitors, we understand that marriages sometimes come to an end. That’s why we offer divorce services, helping you get the process over and done with as quickly as possible, ready to start the next chapter of your life. If children are involved, we can even help with child residence disputes


Visit our website to learn more
about us at DJP Solicitors. Alternatively, you can get in contact with us directly for further information about how we can help you.

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