How To Divorce On The Grounds Of Unreasonable Behaviour

unreasonable behaviour
How To Divorce On The Grounds Of Unreasonable Behaviour

Recent changes to divorce proceedings in the UK have brought about significant reforms to outdated laws dating back to 1973.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.

by DLS Solicitors
24th April 2024
DLS Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts
Related Posts
  • challenge will
    Guide To Contesting Or Challenging A Will

    Explore the intricacies of contesting or challenging a will with DLS Solicitors' comprehensive guide. Whether you're questioning the validity of a will or seeking to understand your legal options, our expertly crafted resource offers invaluable insights into the process.

  • equity release
    A Guide To Equity Release

    DLS Solicitors offers a comprehensive guide to equity release, helping you understand the process and implications. Explore our concise overview to grasp the benefits, risks, and legal considerations associated with releasing equity from your property.

  • Understanding Your Rights In Divorce Proceedings: A Family Law Guide
    Understanding Your Rights In Divorce Proceedings: A Family Law Guide

    Divorce can be a challenging and emotional process for all parties involved. It is important to understand your rights and obligations during divorce proceedings to ensure a fair outcome. This guide will provide you with information on your legal rights in divorce, including financial settlements, child custody, and other important issues. Legal Grounds for Divorce

  • breach of contract
    What Are The Legal Options After A Breach Of Contract?

    DLS Solicitors offers clarity on the legal avenues available following a breach of contract. Discover your rights and potential courses of action with our concise guide. Trust our experienced team to provide expert guidance tailored to your situation.