Family and relationships question:

My husband and I have been married for 3 years and he wants us to divorce because he has found someone else. I don’t want to divorce but he wants to marry his girlfriend as soon as possible. Can he divorce me against my wishes?

posted in Family and relationships | 1 response

Flag as objectionable

Responses:

Good Lawyer Guide's response

Your husband can due for divorce on the grounds of ‘irretrievable breakdown’ of your marriage but he has to prove this using one of five ‘facts’: your adultery or unreasonable behaviour, separation for two years (with your consent) or separation for five years, or desertion. He could try to use unreasonable behaviour but he would have to satisfy a court that you have behaved unreasonably in releasing him from your marriage. In other words, have you treated him badly or behaved in a way that other people could consider unreasonable? If so, he could go ahead and divorce you without your consent.
Alternatively, he could try to divorce you after you have been separated for two years. But he would have to have your consent otherwise he would have to wait for the full five years to pass. Always bear in mind that your refusal to consent could possibly be used as evidence of unreasonable behaviour depending on the circumstances.
For your sake, it’s sensible to think about yourself and your future. Is it in your interests to refuse a divorce when it’s probably inevitable long-term anyway? You should try to sit down with your husband and talk through the option amicably and decide what is best for you both.