But what does this rather vague term mean? Unless you’ve sat down with a divorce solicitor or have been through the legal process, you may not be fully clued up on what ‘unreasonable behaviour’ means and crucially – how it can be proven on a divorce application. Expert Liverpool divorce lawyer takes a closer look.
An introduction to unreasonable behaviour
There are five reasons that couples in the UK can give to prove that their marriage has irretrievably broken down. Along with unreasonable behaviour, the petitioner can also cite adultery, desertion or separation for at least 2 or 5 years.
Interestingly, unreasonable behaviour used to be known as ‘cruelty’ by the divorce courts all the way up until the late 1970s when the name was changed.
While unreasonable behaviour may be by far the most common reason given for UK divorces nowadays, the ONS figures also show that it hasn’t always been this way for husbands petitioning their wives for divorce. During 1999 and 2015, the most common reason men gave for divorcing their wives was 2 years separation. A little earlier, in the 1980s up to the late 1990s, it was adultery.
What kinds of behaviours does it refer to?
Examples of unreasonable behaviour include the following:
- Financial recklessness or debt
- Refusal to socialise with spouse or other anti-social behaviour or social isolation
- Inappropriate conduct, association or relationship with another person
- Domestic abuse – physical, emotional or both. This includes verbal abuse, shouting or belittling the other person
- Excessive use of alcohol or drugs
- Excessive gambling
- Lack of emotional support
- Unwillingness to talk about and work on marital problems
- Lack of intimate relations or excessive sexual demands.
Advice for using unreasonable behaviour in your divorce case
The first important thing to do if unsure about any part of the legal process is to seek advice from a reputable divorce lawyer. The following are other crucial things you’ll need to know if you’re citing unreasonable behaviour as the reason for the divorce:
- You must provide around 4-5 examples of the alleged unreasonable behaviour
- The examples you give must be specific, detailed and personal to your situation, and they must satisfy a judge that the behaviour caused the irretrievable breakdown of your marriage
- Your allegations must be true, even if you and your partner are separating amicably and unreasonable behaviour is the most suitable reason you can use to get a divorce now
- You must word your allegations properly – for example: “The Respondent drinks to excess…”. This is something your divorce solicitor can assist with, drafting your allegations in the correct legal language.
For more help with divorce or providing examples of unreasonable behaviour, please feel free to call Liverpool divorce solicitors Tracey Miller Family Law on 0151 515 3036 or 07795 060 211.