Divorce can be an emotionally taxing and complex process, with various grounds for divorce recognized under the laws of the United Kingdom. One of the key grounds for divorce is desertion, a situation where one spouse leaves the other without consent, and without a reasonable excuse. Desertion can be difficult to navigate legally, especially if the spouse who leaves has no intention of reconciling. Understanding the legal implications of desertion, how it is defined, and the criteria for using it as grounds for divorce is crucial for anyone considering this option. In this topic, we will explore the concept of desertion as a ground for divorce in the UK, the legal requirements, and the steps to take when pursuing a divorce based on desertion.
What is Desertion in Divorce?
Desertion occurs when one spouse deliberately abandons the other without agreement or a reasonable cause. In the context of divorce in the UK, desertion is one of the five grounds for divorce under the Matrimonial Causes Act 1973. This legal ground is applicable when one partner leaves the other without any valid reason and does not intend to return to the marriage. Unlike other grounds for divorce, desertion does not require proof of fault such as adultery or unreasonable behavior. However, it does require that the desertion lasted for a certain period of time before it can be cited as a legal ground for divorce.
Key Criteria for Desertion as Grounds for Divorce
For desertion to be used as a valid ground for divorce in the UK, several specific criteria must be met. Understanding these criteria is essential for determining whether desertion applies to a particular situation.
1. Duration of Desertion
One of the most important requirements for desertion to be a valid ground for divorce is that the desertion must have lasted for a continuous period of at least two years. This means that the spouse must have left the marriage without the consent of the other party and without a reasonable excuse for at least two years. The two-year period is a critical factor because it establishes that the desertion is not a temporary separation but a long-term abandonment.
2. Intent to End the Marriage
The spouse who leaves must have the intention of permanently ending the marriage. This can be demonstrated through actions such as not returning to the marital home, cutting off contact with the other spouse, or showing no interest in reconciliation. The intention to abandon the marriage is a key factor in distinguishing desertion from a temporary separation where the couple may have reconciled.
3. No Consent from the Abandoned Spouse
Desertion can only be used as grounds for divorce if the spouse who is abandoned has not consented to the separation. If both partners mutually agree to live separately, the situation may not be considered desertion. Similarly, if the abandoned spouse allows the other spouse to leave, it may be deemed a separation rather than desertion.
4. Lack of a Reasonable Excuse
For desertion to be applicable, there must be no reasonable excuse for the spouse to leave the marriage. If the spouse who left had a valid reason, such as fleeing from domestic violence or seeking a temporary break due to mental health issues, the situation would not meet the legal definition of desertion. The deserting spouse’s actions must be seen as unjustified abandonment.
Desertion vs. Separation
It is important to differentiate desertion from separation. Separation, whether legal or informal, can happen for various reasons, such as a mutual agreement between the couple or because one spouse is unable to live with the other due to practical issues like work or health. However, desertion is more serious as it involves the deliberate act of one spouse leaving the other without consent, and with the intention of ending the marriage permanently.
While both desertion and separation result in the couple no longer living together, desertion carries a more negative connotation and is typically a more contentious reason for divorce. Additionally, a separation does not necessarily mean the end of a marriage. A couple may be separated but still intend to reconcile in the future, whereas desertion usually indicates a complete breakdown of the relationship with no intention of returning.
Legal Process of Divorce Based on Desertion
Filing for divorce on the grounds of desertion involves several legal steps. The process is generally the same as for other grounds of divorce, but there are specific requirements when desertion is cited as the reason. Here’s an overview of the legal steps involved
1. Filing the Petition for Divorce
The first step in the divorce process is to file a petition for divorce with the court. In this petition, the spouse seeking the divorce must clearly state the grounds for divorce, which in this case would be desertion. The petition must include details of when the desertion began and how long it has lasted. A divorce solicitor or lawyer can assist with preparing and filing this petition.
2. Serving the Divorce Petition
Once the petition has been filed, it must be served to the other spouse. This means that the spouse who is being divorced must be formally notified of the divorce petition. If the deserting spouse is difficult to locate or refuses to respond, the process can become more complicated, but it is still possible to proceed with the divorce.
3. Responding to the Petition
If the spouse being divorced (the deserting spouse) acknowledges the petition, they may agree to the divorce, which can speed up the process. However, if they contest the divorce, a court hearing may be required to resolve the matter. In cases where desertion is proven, the court will generally grant the divorce. However, it may take additional time if disputes arise over financial matters, child custody, or property division.
4. Decree Nisi and Decree Absolute
If the court is satisfied that the grounds for desertion have been met, it will grant a Decree Nisi, which is a provisional order of divorce. After a waiting period (usually six weeks), the applicant can then apply for the Decree Absolute, which finalizes the divorce. Once the Decree Absolute is issued, the divorce is complete, and both parties are legally free to remarry.
Other Grounds for Divorce in the UK
While desertion is one of the grounds for divorce, it is not the only one. In the UK, there are five recognized grounds for divorce
- Adultery – When one spouse has engaged in sexual intercourse with someone outside the marriage.
- Unreasonable behavior – This includes actions by one spouse that make it unreasonable for the other spouse to continue living with them.
- Two years separation with consent – The couple has lived apart for two years and both spouses agree to the divorce.
- Five years separation without consent – The couple has lived apart for five years, and one spouse can file for divorce even without the other’s consent.
Desertion is one of the grounds for divorce in the UK, but it is a serious and complex reason for seeking the end of a marriage. For desertion to be a valid ground, the spouse must have left the marriage without consent, without a reasonable excuse, and with the intent of permanently abandoning the relationship. The process of divorce based on desertion involves filing a petition, serving the other spouse, and obtaining a Decree Absolute. If you are considering divorce on the grounds of desertion, it is advisable to seek legal advice to ensure you fully understand your rights and responsibilities. Divorce can be emotionally challenging, but understanding the legal grounds and process can help you navigate this difficult time more effectively.