Rainer Hughes

Unreasonable Behaviour

Please see the below common examples of unreasonable behaviour:

  • Your spouse on numerous occasions has stated that [he/she] does not love you anymore, which has caused you distress.
  • Your spouse has consistently shown little or no interest in socialising with you or [his/her] friends and has made no effort to do so.
  • Your spouse does not sleep in the same bed as you and has not done so since [insert date], causing you distress.
  • Your spouse has a bad temper that [he/she] has lost on numerous occasions causing you to be scared.
  • Your spouse has been verbally abusive towards you on numerous occasions causing you distress.
  • The Respondent refuses to discuss the issues within the marriage with the Petitioner.
  • The Respondent does not want to engage in any sexual or physical relations with the Petitioner.
  • The Respondent is financially irresponsible and has failed to maintain the Petitioner and/or the children properly during the marriage.
  • The Respondent has always disliked the Petitioner’s family, which has led to the Petitioner feeling isolated from them and thus causing [him/her) distress. The Respondent has always had too close a relationship to [his/her) own family making the Petitioner feel isolated.
  • The Respondent has never liked the Petitioner’s family despite the Petitioner’s best efforts and has never socialised with them as much as the Petitioner has requested, causing the Petitioner distress.

The allegations of unreasonable behaviour you write in the divorce petition don’t need to be serious; milder allegations, such as not socialising together or sharing the same bed usually satisfy a Judge when parties are agreed to the divorce.

If your relationship has drifted apart without any of the more extreme examples taking place, then you can look at using some of these milder examples of inappropriate behaviour:

  • The Respondent prefers to spend time with their pet than the Petitioner.
  • The Respondent refuses to talk about marital problems.
  • The Respondent doesn’t give general support to the Petitioner, e.g., with housework.
  • The Respondent works long hours and is often away from home, leaving the Petitioner to feel stressed and lonely.
  • The Respondent plays video games for long hours and leaves the Petitioner alone.

The court will require 4-5 examples of your spouse’s behaviour that has contributed to the breakdown of your marriage. Without these the Judge could rule that there are not enough grounds to grant a divorce in which case you would have to wait 2 years from the date of separation to apply for a divorce under the 2 years’ separation with consent procedure.

Key Experience

Actively advising clients on matters related to domestic abuse, harassment, molestation, retrieving costs on behalf of clients etc., against their partners

Successfully acted for a father whose child was in primary care of the mother.

Successfully made a financial claim and settlement for our client who had not dealt with finances during her separation.

Acted for a client who was subject to regular domestic abuse which involved the kin of the victim witnessing and being in the same environment.