The Grounds for Divorce & Unreasonable Behaviour

Sally Clark Blog

Following yesterday’s article, we now look at the fact of unreasonable behaviour.

To rely upon this fact within your divorce petition, it must be proven that your spouse has behaved in such a way that you cannot reasonably be expected to live with them. To determine whether this fact can be relied upon, the court will consider the nature of your spouse’s behaviour and the impact that behaviour has had on you.

The alleged behaviour recorded within your petition can range from domestic abuse to sleeping in separate bedrooms, socialising separately, carrying out household tasks separately, etc.

You can still remain living with your spouse when relying on this fact, however the court will take into account cohabitation for 6 months (or periods totalling 6 months) after the date of the last incident relied upon within your petition and/or the date of separation, when they determine whether you are entitled to divorce.

If you are considering divorce, why not take advantage of our free half an hour appointments, during which we can provide you with further advice and guidance on the divorce process and other family law issues. To arrange an appointment, please contact us on 01423 637272.