irretrievable breakdown

irretrievable breakdown

the sole ground for divorce in the UK (although reform is pending in Scotland). Irretrievable breakdown can be demonstrated only by showing at least one of the following:
  1. (1) that the other spouse has committed adultery;
  2. (2) that the other spouse has behaved in such a way that the petitioner cannot reasonably be expected to live with him;
  3. (3) that the other spouse has deserted the petitioner and that two years have elapsed since the act of desertion;
  4. (4) that the spouses have lived apart for at least two years (with consent) or five years (against the wishes of one spouse). See BEHAVIOUR.

Similar rules apply in relation to CIVIL PARTNERSHIP.

References in periodicals archive ?
Instead 'irretrievable breakdown' will be the sole reason to be considered.
| New process: Spouses will be able to submit a "statement of irretrievable breakdown" to apply for divorce under the new laws.
Before he was expelled from the party, Mr McEvoy had been "permanently excluded" from Plaid's Assembly group, with its members saying there had been an irretrievable breakdown in trust.
Asked why Hilliard, who had served as building principal at Johnston City the last five years, was resigning, Clark offered the following statement: "it was due to an irretrievable breakdown of communication between the principal and district administration."
It created the so-called 'quickie' divorce and introduced 'irretrievable breakdown' as grounds for separation.
It also abolished the ground of 'desertion' which up until 2006 was one of the five means of establishing irretrievable breakdown set out in the 1976 Divorce (Scotland) Act.
Other changes relate to irretrievable breakdown, the need to live apart and being required to provide evidence of misconduct.
The proposed changes in the 12-week consultation include: | Making "the irretrievable breakdown of a marriage" the sole grounds for a divorce | Removing the need to live apart or provide evidence of a partner's misconduct | A new court notification process that can be triggered by one or both parties | Removing the opportunity for the other spouse to contest the divorce application
of irretrievable breakdown of marriage as a ground for divorce.
The paper also discussed the rights of a widow, and the changes application to general laws such as introduction of community of (self acquired) property after marriage, inclusion of irretrievable breakdown of marriage as a ground for divorce.
Forty years ago, we saw a shift to establish that the only ground for divorce was that of the irretrievable breakdown of the marriage.
The cases, though, many over a century old and decided prior to our no-fault statute, offer scant guidance as to how to determine whether a marriage has suffered an irretrievable breakdown, particularly if one party denies such has occurred.