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Addiction can have a devastating effect on families and marriages, no matter what the circumstances.

However, when one parent decides that enough is enough, dealing with addiction as part of a divorce can seem difficult both technically and emotionally.

Here, family law solicitor Sarah Gill answers frequently asked questions about divorces involving addiction:

How regularly do you deal with divorces including addiction?

The basis of a divorce is irretrievable breakdown of marriage which is proved in one of five ways, three of which require you to have been separated for at least two years.

The other two are either adultery or ‘‘The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent’ (unreasonable behaviour’).

Addiction would be an example of unreasonable behaviour. Whilst I would not necessarily say that it was common, it is also not unusual.

The most common form of addiction for ‘unreasonable behaviour’ is alcohol abuse, although other types of addiction including drug addiction and addiction to steroids would also be classed as unreasonable behaviour.

Is addiction a good enough reason to get divorced?

Yes - the addiction will usually cause other problems that amount to unreasonable behaviour, such as violence, problems with money etc.

For example, if a person has a gambling addiction this can cause them to have substantial debt. Similarly, if someone has an alcohol addiction this can cause problems with violence. Quite often celebrity divorces mention addictions, especially addiction to cannabis.

What has to be proven?

Generally, divorces in this country are not disputed and therefore formal proof is not required by the court unless there is a defended divorce where one party denies the allegation.

As I say however, this is very unusual and if addiction is causing substantial enough problems within the marriage for the marriage to break down, it is usually not contested.

What if the other person does not agree or admit their addiction?

Even if they do not wish to admit or agree their addiction it is still unusual to defend a divorce petition. This is because if a marriage has broken down, usually both parties agree that the marriage may as well be dissolved, especially as it is not usually in the financial interest of the parties to defend a divorce.

Do children automatically get put under the care of the other parent?

The arrangements for the children need to be agreed between the parties and if they are not agreed, an application can be made for the arrangements of the children to be decided by the court.

Clearly an addiction can have an impact on the ability of a person to care for a child and that would be something that would be taken into consideration by the courts. Court decisions would depend on the addiction and the repercussions from that addiction.

Can joint contact be arranged?

Yes. As I say, as long as the arrangements are agreed then contact can be agreed. Having an addiction does not automatically mean that you are unfit to see or care for your children.

It depends on what the addiction is and the repercussions of that addiction. For example, if one has a gambling addiction, that may have little or no impact directly on the children for the purposes of contact.

Is there a best way to keep it amicable?

Each case is individual and needs to be looked at on an individual case. It is better for parties if matters can be amicable but with regard to the children, a parent always has to act in their best interests.

Therefore, parents need to consider the addiction and the impact on matters to decide what relevance the addiction may have. It may be a ground for divorce but is unlikely to have an effect on finances unless there are very exceptional circumstances.

Sarah Gill is a family law solicitor who specialises in all aspects of family law. An associate solicitor, Sarah works for regional law firm Bray & Bray Solicitors www.braybray.co.uk which has four offices across Leicestershire.

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