Recent changes to divorce proceedings in the UK have brought about significant reforms to outdated laws dating back to 1973. These new divorce laws eliminate the requirement to attribute blame to a partner using grounds such as “unreasonable behaviour.”
Under the revised laws, the sole accepted ground for divorce is the irretrievable breakdown of the relationship. Couples are no longer obligated to provide any other reasons for their divorce and can simply submit a formal statement of irretrievable breakdown. These reforms are commonly referred to as “no-fault divorce.”
So, what was “unreasonable” behaviour in divorce?
Unreasonable behaviour in divorce was previously used to encompass a range of issues that one party found unacceptable and which courts deemed serious enough to grant a divorce.
The requirement to provide specific examples of unreasonable behaviour to justify a divorce was a key driver behind the introduction of no-fault divorce. The previous law mandated listing the faults of the other person, exacerbating an already emotional situation, leading to denials and counterclaims, prolonging the process, and adding stress and expense for everyone involved.
Examples of unreasonable behaviour in divorce could include issues like financial mismanagement, argumentative behaviour, inappropriate interactions with others, a lack of intimacy, or excessive time away from home.
The use of unreasonable behaviour in divorce was widely criticised, and since April 2022, these reasons are no longer necessary to obtain a divorce.
If you’re considering divorce but are unsure about the new rules, an experienced divorce and family lawyer can guide you through your options and recommend the best course of action based on your circumstances.
How someone may have demonstrated unreasonable behaviour
Before the introduction of no-fault divorce, proving unreasonable behaviour required the party initiating divorce proceedings to convince the court that the other party had “behaved in such a way” that they “could not reasonably be expected to live with them.” This was assessed based on whether a reasonable person would conclude that continuing to live together was not feasible.
In rare cases, demonstrating unreasonable behaviour alone might not have been sufficient, leading to the other party contesting the divorce. The court then employed a three-strand test to evaluate the reasonableness of the behaviour, considering what was done, its impact on the party applying for divorce, and the overall history of the marriage.
In essence, proving unreasonable behaviour hinged on whether the parties could reasonably be expected to live together. Fortunately, under the new divorce laws, contesting a divorce has been eliminated except in very specific circumstances, such as when English courts lack jurisdiction.
How long does divorce take for unreasonable behaviour?
Before the introduction of no-fault divorce, proving unreasonable behaviour in a divorce could take around 9–12 months due to delays in the courts processing divorce cases.
However, with recent key changes in the divorce process, a divorce now takes a minimum of 6 months. This is because of the introduction of a 20-week cooling-off period before a conditional order can be issued.
For tailored advice on how long the divorce process might take in your specific circumstances, speak with one of our family solicitors.
