What Exactly Is Unreasonable Behavior?
Unreasonable behaviour is one of the five grounds for divorce that Petitioners may use to file for divorce. It entails naming clear charges of behaviour against a partner that resulted in the marriage’s dissolution.
You must demonstrate that the other party to the divorce has acted in such an irrational way that it is intolerable for you to live with him or her, and thus the marriage has irretrievably broken down.
On the Divorce Petition, you must provide the court with many written explanations of the Respondent’s irrational behaviour, including their behaviour, when it happened, and how the behaviour made you feel.
An application for divorce based on unreasonable behaviour must be filed within 6 months of the last instance of unreasonable behaviour.
If one party moves out of the matrimonial home after six months, a divorce petition may be filed; however, waiting too long will require you to file a petition based on separation grounds rather than irrational behaviour.
Depending on your ex-level partner’s of cooperation, this may mean a 2- to 5-year gap in your divorce.
• The above behaviours may have contributed to the deterioration of the relationship.
• The behaviour that caused the marriage to fail must have occurred within the past 6 months. • The claims you make must be unique to your own personal circumstances and must not be used in any way.
• The reasons for divorce and complaints of bad behavior that you have are not made public.
What exactly is irrational behavior?
Marriages may often fall apart without any bad behavior on either party’s part.
In this case, you may be forgiven for thinking that it might not be the best grounds for divorce on which to base your divorce application.
However, due to the absence of a no-fault divorce scheme in England and Wales, you might be left with few other options.
If you want a fast divorce, the only choice is to file for divorce using irrational behaviour, as waiting for two years of separation before filing for divorce is neither quick nor desirable.
The charges of poor behaviour do not have to be extreme, such as physical assault, threatening behaviour, excessive drunkenness, or debt accumulation.
It may simply be a lack of socialisation together, sharing separate beds, working long hours and spending little time together, or one partner dependent on the other for financial support.
When the parties consent to the divorce and the ex-partner responds to the court, the particulars of the claims of unreasonable behaviour are not overly scrutinised by the court.
Here are several milder examples of improper behaviour that can be used to obtain a divorce:
• The Respondent would rather spend time with their pet than with the Petitioner. • The Respondent refuses to discuss marital issues.
• The Respondent does not provide general assistance to the Petitioner, such as housework.
• The Respondent works long hours and is always away from home, leaving the Petitioner depressed and lonely.
• The Respondent spends long hours playing video games and leaves the Petitioner alone.
The following explanations are becoming more popular in recent years;
• The Respondent has become a Vegan and forces his/her views on the Respondent; • The Respondent spends hours on their phone/laptop instead of spending time with the Petitioner and/or family.
• The Respondent holds opposing political opinions to the Petitioner, which leads to disagreements.
• The Respondent is becoming obsessed with [Insert Topic], such as exercise/gym, gaming, gambling, climate change, or politics.
Essentially, any behaviour by your ex-spouse that has left you feeling as though you cannot fairly be able to remain in the marriage may be used.
How many examples of irrational behaviour do you provide?
In order to petition for divorce Mediation on the grounds of unfair behaviour in England and Wales, the court will need between 4-5 paragraphs of clarification for each claim you’ve made.
The contents of the divorce petition are only available to the divorce partners, any legal representation either side has, and the court personnel.
Judges have a tendency to assume that if one person thinks the marriage has broken down, it has.
It is not the Judge’s job to decide if the claims of unreasonable behaviour are valid or not; rather, it is the Judge’s job to determine if the marriage has irreparably broken down.
This means that defending a divorce on the basis of irrational behaviour is both expensive and rarely effective.