| In England and Wales the divorce process begins | | | | having the affair. A person who wishes to apply |
| with the submitting of a divorce petition to the | | | | for a divorce on the grounds of adultery must do |
| local county court. One part of the petition | | | | so within six months of the affair taking place. If |
| details the grounds on which the divorce is being | | | | they are unable to do this they will have to file |
| applied for. To satisfy the court that there has | | | | for the divorce giving a different reason. |
| been an irretrievable breakdown in the marriage | | | | Two Year Separation |
| the person petitioning for the divorce must be | | | | If the divorce is uncontested by the non-petitioner |
| able to prove one of the official grounds for | | | | then it may be granted on the grounds that the |
| separation. | | | | couple have lived separately for two or more |
| Unreasonable Behaviour | | | | years. When divorcing on these grounds it is |
| The term ‘unreasonable behaviour’ could | | | | worth bearing in mind that any assets acquired |
| apply to many things. However in English law for | | | | during the time of separation will be included when |
| a divorce to be granted for this reason the | | | | it comes to the division of the couple’s |
| petitioner must prove two things. Firstly they | | | | assets. |
| should demonstrate that there has been an | | | | Five Year Separation |
| irretrievable breakdown of the marriage. | | | | On occasions where the divorce is contested by |
| Secondly they must show that their partner has | | | | the spouse and no other grounds for divorce can |
| acted in such an unreasonable manner that living | | | | be proven then a separation period of five years |
| with them is no longer tolerable. | | | | or more is required. If the couple have lived |
| Adultery | | | | apart for five years then the court may grant |
| Giving adultery as the reason for divorce is only | | | | the divorce regardless of the feelings of the |
| available if it is the non-petitioner who has been | | | | non-petitioner. |