Unreasonable Behaviour as Grounds for Divorce

Unreasonable behaviour is the most commonly cited reason for people getting a divorce in England and Wales. More than half of all wives who petition for divorce state unreasonable behaviour as the grounds for their decision.

To successfully file for divorce on the grounds of unreasonable behaviour, is it necessary for the petitioner to demonstrate that their spouse behaved in a manner in which it became intolerable for them to live with. This, in turn, leads the petitioner to believe that the marriage has broken down irretrievably.

The following guide explains what unreasonable behaviour is, what a petitioner needs to do to file for divorce on these grounds, how the Court will be satisfied that unreasonable behaviour exists and what types of behaviour or actions constitute unreasonable behaviour.

What type of action constitutes unreasonable behaviour in the eyes of the Court?

The Court will need to be satisfied that the respondent has acted in a way that constitutes unreasonable behaviour and this means that the petitioner (the person filing for divorce) will need to provide several written examples of actions or behaviours that have been demonstrated. The Court will need details of the type of behaviour, when it happened and the impact that this had on the petitioner.

There are a number of actions that qualify as unreasonable behaviour in the eyes of the Court. This includes:

• Domestic abuse
• Not socialising together
• Obsessive pastimes/hobbies
• Financial reliance
• Inappropriate relationship with a person outside of the marriage
• Verbal abuse
• Emotional abuse
• Substance abuse such as drug use or alcoholism
• Family disputes
• Financial reckless behaviour/excessive debt

What happens once a divorce petition is issued and unreasonable behaviour is cited?

If you and your spouse agree to the divorce and there is no objection to the allegation of unreasonable behaviour, the court is unlikely to scrutinise the petition in depth.

However, if the respondent doesn't agree with the allegations and they challenge the petition, the divorce proceedings are likely to take much longer as the Court will need to hear both sides in detail and make decisions thereafter.

Do I need to cite more than one example of unreasonable behaviour in the divorce petition?

For you to submit a divorce petition on the grounds of unreasonable behaviour, you will be required to write between 4 and 5 paragraphs, explaining the allegations that you are laying out.

You must be very specific about each allegation and this must be personal to you. It is vital that your own behaviours aren't used against you and so you must write as though it is the behaviours of one spouse that have caused the irretrievable breakdown of the marriage. The reasons that you cite in the petition are not made public and so your divorce is treated with the privacy that it rightly warrants. So do not worry that your allegations will be made public.

The only people who will see what is written in the petition are the parties of the divorce (the spouses), their legal teams and the staff at the court.

What happens once the divorce petition citing unreasonable behaviour is served to my spouse?

When served with a divorce petition that sets out allegations of unreasonable behaviour, most respondent's initial reaction is to defend themselves because they don't agree with the allegations or because they feel that blame for the marriage breakdown should be shared.

However, if your spouse is in acceptance of the divorce but does not agree with the allegations made about them, they can tick a box on the petition response (known as the acknowledgement of service form) which will state that they agree to the divorce but don't agree with the allegations of unreasonable behaviour.

In doing so, the divorce can proceed without any delays, but the respondent can feel appeased that they have not accepted the allegations freely.

The Court tends to believe that if one spouse feels that the marriage has broken down irretrievably, then it has, irrespective of whether the other spouse agrees. This means that it is not up to the judge to determine whether the allegations made in an unreasonable behaviour citing are true or not. It is for this reason that most people don't attempt to defend a divorce on these grounds, as it is costly, time-consuming and very unlikely to be successful.

Are there any time limits that I should be aware of?

There are time limits that you should be aware of when you file for divorce on the grounds of unreasonable behaviour.

If you continue to live with your spouse, your divorce petition must be filed within 6 months of an incident of unreasonable behaviour happening. If you wait for longer than 6 months since the last incident of unreasonable behaviour, you may still file a divorce on these grounds, but you may need to cite other grounds too. This can cause delays to the divorce of up to five years, depending on whether your spouse agrees to the divorce or not.

What happens if the respondent ignores the divorce petition?

If your ex opts to ignore the divorce petition, it may be necessary for you to employ a process server. This means that the petition will be delivered to your ex in person, so that you can prove to the court that they received the divorce papers.

Once the respondent has completed the acknowledgement of service form, the divorce will be able to progress with or without the agreement of your ex.