How to divorce using Unreasonable Behaviour grounds for divorce
Unreasonable behaviour is the most common grounds for divorce in England and Wales, with 36% of all husbands and 51% of all wives petitioning for divorce on these grounds.*
To file for divorce on the grounds of unreasonable behaviour, the Petitioner must show that the other party to the divorce has behaved in such an unreasonable manner that they find it intolerable to live with him or her, and therefore the marriage has irretrievably broken down.
You need to provide the court with several written examples of the Respondent’s unreasonable behaviour, which should consist of their behaviour, when it occurred and how the behaviour made you feel.
Find below all of the information you’ll need to divorce on the grounds of unreasonable behaviour and advice on how to keep relations amicable throughout the divorce process.
What constitutes unreasonable behaviour?
Some mild examples of unreasonable behaviour could include a lack of socialising together, working long hours and spending no time together or one spouse relying on the other for money.
More serious allegations could include for example, physical violence, threatening behaviour, excessive drunkenness or running up debts.
If both parties are in agreement to the divorce and the Respondent returns the Acknowledgement of Service form, then the specifics of your allegations of unreasonable behaviour aren’t scrutinised too heavily by the court and therefore granting you a decree absolute shouldn’t be an issue.
If you are unsure whether certain behaviours of your spouse are deemed ‘unreasonable’ in the eyes the English and Welsh divorce law, then read our post with information on the common examples of unreasonable behaviour you can use to divorce.
How many examples are required?
To petition for divorce on the grounds of unreasonable behaviour in England and Wales, the court will require between 4-5 paragraphs with explanations regarding each allegation you’ve made.
The allegations you cite must be specific to your own personal circumstances and ensure your own behaviours aren’t used in any way.
It is the behaviour of one spouse to the other that has caused the irretrievable breakdown of the marriage.
Divorce proceedings are a private matter and therefore the grounds for divorce and reasons of behaviour you provide aren’t shared with the public.
The contents of the divorce petition are only visible to the parties to the divorce, any legal representatives either party has and the court.
The first thought of most Respondent’s when receiving a divorce petition on the grounds of unreasonable behaviour is to initially ‘defend’ the divorce because they don’t agree with the allegations.
If your spouse is happy to agree to the divorce but not the allegations made against him or her, then there is an alternative.
The Respondent (your ex-partner) can tick a box on the acknowledgement of service form sent to them by the courts, which states they that will not contest the divorce but don’t agree with the allegations made against them.
This allows divorce proceedings to proceed without any hiccups or delays and ensures you will be granted a decree absolute.
Judges tend to take a view that if one party believes that the marriage has broken down then it has. It isn’t the Judges job to decide whether the allegations of unreasonable behaviour are true or not, it’s to rule upon whether the marriage has irretrievably broken down.
This means that choosing to defend a divorce on the basis of unreasonable behaviour is very costly and rarely successful.
How to word behaviour particulars on the divorce petition?
You need to write between four or five detailed and specific examples of what the behaviour was, when it happened and how it made you feel.
Here is an example of how you should word your examples of unreasonable behaviour:
“The Respondent and the Petitioner stopped socialising together in March 2017, which led to the Petitioner feeling lonely/depressed “… etc.
What time limits are involved?
You should bear in mind that when filing for divorce on the grounds of unreasonable behaviour, there are time limits to which you must adhere to.
If parties to the divorce continue to live together, then a petition must be filed within 6 months of the last incident of unreasonable behaviour.
A divorce petition can be filed after a period of six months if one party moves out of the matrimonial home, but waiting too long may mean you need to issue a petition based on separation grounds, which can take between two and five years depending on whether your spouse is in agreement or not.
Unreasonable behaviour is the quickest grounds for divorce alongside two years separation with consent, which is one of the reasons why it’s the most common reason given for divorce in the UK.
Does unreasonable behaviour affect a divorce settlement?
Just because your husband or wife has displayed unreasonable behaviours during the marriage, does not mean they are entitled to more/less than they would be if they had committed adultery for example.
The grounds for divorce you choose will rarely affect the way any finances are split following a divorce.
Judges will pay particular regard to the welfare and needs of any children to the marriage when a financial agreement has been made and presented to them by way of a consent order.
What happens if my ex ignores the petition?
If your ex-husband or wife ignores the divorce petition, you can hire something called a process server, which will show the court that your spouse has been served with the divorce papers. The divorce can then proceed without the agreement of your spouse.
How long does a divorce take for Unreasonable Behaviour?
A typical undefended divorce takes between 4 and 6 months from the point in which you issue the divorce petition at court to being granted the decree absolute.
What examples of unreasonable behaviour can be used?
A typical behaviour based divorce petition could include examples such as:
- Lack of socialising together
- Verbal abuse
- Obsessive hobby
- Lack of sexual relations
- Gambling on a frequent basis
- Spending too much time at work
How Divorce-Online can help you…
Divorce-Online can prepare your unreasonable behaviour divorce petition, which involves drafting the wording examples as well as handling the entire divorce process.
If both parties are in agreement to the divorce you can use an uncontested divorce with the grounds of unreasonable behaviour, without needing to hire a solicitor and spend thousands.
If there are finances to separate such as property, pensions, maintenance and/or children matters, then you should consider our Divorce & Financial Settlement Service for £299.
If you need any further information on our divorce services or advice on what to include in your unreasonable behaviour divorce petition please call us for free advice on 01793 384 029 or email us today.
Download Our Guide To Unreasonable Behaviour Divorce
If you are ready to file for divorce, then view our unreasonable behaviour divorce service for £189 or you can also call us for a free consultation.