Peter and Jordan - can she stop the divorce?

The media storm surrounding the sad breakdown of the marriage between Peter Andre and Katie Price shows no sign of dying down.

The last two weeks have seen allegations and counter-allegations and suggestions that Katie does not want a divorce but Peter is determined their relationship has come to an end.

This is an issue that we are often faced with. One party has decided that the marriage is over but the other does not agree. This can sometimes be because one spouse has not come to terms with the reality of the situation. It can, however, be that a spouse really does not accept that there is no way back.

There is one ground for divorce – the irretrievable breakdown of the marriage. This is based on one of five facts – adultery, unreasonable behaviour, two years’ separation and both parties consent to the divorce, five years’ separation or desertion.

It seems from the various newspaper reports that Peter would proceed on the basis of Katie’s unreasonable behaviour.  There have been no direct allegations of adultery and none of the other grounds appear appropriate.

Peter could use Katie’s relationship with her riding colleague as an example of her unreasonable behaviour. He may feel the nature of their relationship (nights out together etc) is inappropriate. He may well also have other examples such as her prioritising work over their relationship.

It is possible for Katie to defend the divorce i.e argue that the examples Peter is relying on do not equate to an irretrievable breakdown of the marriage. When deciding whether to allow the divorce to proceed, a Judge will apply a mixed objective/subjective test. Is the behaviour something that Peter himself finds unreasonable? This is the subjective element. Is the behaviour such that it could objectively be considered unreasonable? If so, a divorce is likely to be granted.

In practice, defended divorced are rare. If one party is determined that a marriage is over a court is unlikely to prevent a divorce. In short – if one party wants a divorce, a divorce will be obtained.

Often, the issue is more about both parties coming to terms with the situation. We offer every client the opportunity to go to marriage guidance counselling if they believe a marriage can be saved. This can also be useful for a client who is having difficulty accepting that the marriage is over. In all situations an approach of delicacy and tact is important. By not inflaming the situation the practical necessity of legally separating the parties can be done efficiently, cost effectively, and with the minimum of hurt.