Unreasonable Behaviour

'Unreasonable behaviour' divorce petitions

You want to bring a divorce petition based on your partner's unreasonable behaviour and need to cite at least one example of such behaviour that has occurred in the last 6 months.

Allegations can include

• violent behaviour - either one serious incident or a series of minor ones.

• excessive drinking leading to unpleasant behaviour

• unreasonably refusing to have sexual intercourse or making excessive sexual demands,

• committing serious criminal offences

• unreasonable attitudes to money - spending too much or not enough

 Judges do not want to see a wishy-washy petition which effectively shows that you have just grown apart over the years.

If they suspect this to be the case and in particular, if you or your partner has moved out so that you are now living separately and there are no recent 'incidents', they can and do refuse to grant a divorce based on unreasonable behaviour and say that you should proceed under the separation ground for divorce.

The problem with that is that you have to be separated for two years and then your spouse has to consent. Failing that, you have to wait for five years!

The moral of this is that your 'unreasonable behaviour' Petition must not hold back to avoid the sensitivities of your spouse, but mention all events/incidents in their unfortunate detail.

 

Related topics you may find useful:

Divorce
Harassment

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