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Types of Unreasonable Behaviour for Divorce

One of the most common reasons for divorce unreasonable behaviour, but what really constitutes unreasonable behaviour and when should it be included in a divorce petition?

By Kerry SmithPublished 3 years ago 3 min read
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Types of Unreasonable Behaviour for Divorce
Photo by Zoriana Stakhniv on Unsplash

When a couple decides that the time has come to part ways, there are many things to think about. Not only will they have to divorce, but they will also have to choose a reason for that divorce.

Reasons for divorce

T here are actually five available grounds for divorce, which include adultery, desertion, separation for at least two years, separation for at least five years and unreasonable behaviour. A massive 51% of women petitioning for divorce have done so on the grounds of unreasonable behaviour, but it is important to remember that you will be required to show examples of this behaviour and why it has made it intolerable to live with the other party.

In order to apply for a divorce on the grounds of unreasonable behaviour, you will need several written examples relating to their behaviour, when it occurred and how it impacted on you. The application for divorce must be submitted within six months of the last incident occurring, or later than that if one party moves out of the home.

What is unreasonable behaviour?

It can be difficult to pin down a reason for a divorce, particularly if the relationship has just reached its natural conclusion. However, due to the face that England and Wales do not have a no-fault divorce system, a reason must always be cited and that is why unreasonable behaviour crops up so frequently. A quick divorce often relies on the use of unreasonable behaviour in order to avoid waiting for a period of two years of separation to pass.

When it comes to defining what constitutes unreasonable behaviour, the spectrum is quite broad. The most serious examples relate to domestic abuse in either a physical or emotional sense and will require dates and details about specific incidents. A family dispute involving the family of a spouse making it difficult to socialise together or putting pressure on the relationship as a whole, causing inappropriate behaviour by one partner or another.

The accruing of debts or financial recklessness can also be considered unreasonable as can an inappropriate relationship with someone else. Addiction of any form will inevitably cause problems within a relationship, whether this involves alcohol, drugs or gambling and can also be defined as unreasonable behaviour.

The examples of bad behaviour do not need to be as serious as violence or threatening behaviour. Instead, it can be a case of sleeping in separate beds, working long hours or a refusal to socialise together. Some petitioners have listed the fact that the respondent refuses to talk about marital problems, does not give general support, plays video games for excessive amounts of time, shares different political views or has even become fanatical about a new exercise regime, diet or hobby.

Unreasonable behaviour can be explained in many ways, but it is essentially any kind of behaviour that leaves you feeling that you cannot remain within the marriage.

If both parties are in agreement to the divorce and your ex-partner will respond to the court, then they often do not delve too deeply into the specifics of the allegations.

A divorce is never going to be a pleasant experience but understanding what is required to make the process as smooth as possible is important. By considering what constitutes unreasonable behaviour, you can begin to put together a comprehensive petition consisting of four or five examples. If you can agree on the reasons with your ex-partner, then unnecessary conflict can be avoided as the petition works its way through the courts.

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About the Creator

Kerry Smith

Kerry Smith is the head of Family Law at K J Smith Solicitors and are experienced in all matters relating to divorce, civil partnerships, cohabitation disputes and collaborative law.

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