There are currently five ‘facts’ that can be used as evidence to show that a relationship has irretrievably broken down in order to begin divorce proceedings in the UK. 

If you wish to rely on the fact of adultery, you have 6 months from the date you discovered the adultery to base the divorce petition on this fact.  If you continue to live together beyond 6 months from discovering the adultery, the court will view you as condoning the adultery and a petition can no longer be based purely on this ground. 

However, if you are in this situation, you can still proceed with the divorce application by using the historic adultery as evidence of your spouse's behaviour that you find intolerable to live with. This fact is often referred to as the ground of ‘unreasonable behaviour’. Typically you would need to provide a few further examples of your spouse's behaviour, as well as the historic adultery, to satisfy the court that the relationship has irretrievably broken down. 

Contact us 
If you have any further questions regarding divorce proceedings, please do not hesitate to contact our expert Family Lawyers.  We have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton and Birmingham.  If you complete our online enquiry form, a member of our team will contact you for an initial discussion.

Alternatively contact Mark Vandaele, Head of Family Law, on 01902 796930 (mvandaele@georgegreen.co.uk)