Getting a Divorce Using Unreasonable Behaviour: All You Need to Know

52% of all wives and 36% of all husbands petitioning for divorce in the UK cite differences on the basis of unreasonable behaviour. But what is unreasonable behaviour, and why does it account for a significant number of divorces? Here’s all you need to know about getting a divorce using unreasonable behaviour:

What is unreasonable behaviour?

Unreasonable behaviour is a term used in court to describe a situation where one person can’t be reasonably expected to live with their partner who has behaved in an absurd or uncooperative manner.

While there is no definitive list of unreasonable behaviours, some instances may include spouses who are emotionally unavailable for their partners or are financial reckless. Other severe allegations may consist of cases including sexual violence, extramarital affairs, substance abuse or physical violence.

General court proceedings in cases of unreasonable behaviour

Generally speaking, when you file for divorce using unreasonable behaviour, one of two scenarios may play out. If both partners are ready to get a divorce, then your allegations based on unreasonable behaviour may not be scrutinized too heavily.

But if your partner isn’t willing to give up, you ought to be careful with how you draft your concerns. Your best bet is an experienced and qualified solicitor who can help you prepare an unreasonable behaviour petition that can satisfy a judge.

Drafting a petition for divorce

The court usually takes a pragmatic approach while dealing with divorce cases based on unreasonable behaviour. Something went seriously wrong when two people who’d vowed to live together just don’t want to anymore.

Hence, when it comes to drafting your petition, the court in England and Wales requires 4-5 paragraphs of an explanation regarding each allegation you made. Since divorce proceedings are a private matter, the reasons for divorce and examples of unreasonable behaviour aren’t shared with the public. Only you, your spouse and the legal representation on both sides have access to the sensitive information.

Make sure that you expand on the examples on unreasonable behaviour and specify incidents that made you feel lonely, depressed, violated or hurt. If you aren’t sure about how to word your allegations, feel free to reach out to us.

At Wembley Solicitors, we provide legal help in car passenger accident claims, divorce cases, hit and run accident claims, landlord and tenant disputes and child custody cases. Our qualified and experienced solicitors have a high success rate in personal injury claims, family law, children law and commercial lease cases.