Divorce & Unreasonable Behaviour

Rebecca Higgins Blog

Continuing from our article yesterday, unreasonable behaviour is one of the five facts you can rely upon within a divorce petition and the second fact we are looking at this week.

To rely upon this fact, you must prove that your spouse has behaved in such a way that you cannot reasonably be expected to live with them. The Court will consider the nature of your spouse’s behaviour and the impact that behaviour has had on you when determining if this fact has been proven.

The alleged behaviour listed within the petition can range from domestic abuse to sleeping in separate bedrooms, socialising separately, and carrying out household task separately.

Whilst you can still remain living together when relying on this fact; 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 determining if you are entitled to a divorce.

For further advice and guidance on the divorce process and other family law issues, you can contact us on 01274 861096 to arrange a free half an hour consultation.