Wells Burcombe LLP

Criminal and Family Lawyers

Call Our West Drayton Office -
01895 449 288

Call Our St. Albans Office -
01727 840 900

Contact Us
  • Home
  • About Us
    • Our Team
    • Our Reputation
  • Family
    • Child Residence and Contact
      • Child Arrangement Orders
      • Grandparents Rights
      • Mediation
    • Divorce & Separation
      • Divorce and Finances
    • Domestic Violence
    • Prenuptial Agreements
    • Unmarried Couples
      • Alternatives to Court
      • Jointly Owned Property
  • Crime
    • Legal Aid
    • Appeals – Criminal Appeals & Miscarriages of Justice (CCRC)
    • Burglary, Theft & Criminal Damage
    • Domestic Violence, Assault, Manslaughter & Murder
    • Driving Offences
      • Drink Driving Solicitors
      • Drug Driving Solicitors
    • Drug Offences
    • Prison Law
    • Proceeds of Crime and Confiscation
    • White Collar Crime and Regulatory Crime
      • Tax Evasion Defence
      • Defence of Company Directors
      • Money Laundering Defence
    • Serious Fraud & Business Crime
    • Sexual Offences
  • Immigration
    • EEA Applications including Permanent Residence
    • Entrepreneur Visa
    • Family Visas
    • Illegal Entrants and Overstayer
    • Indefinite Leave to Remain
    • Investor Visa
    • Naturalisation / Registration
    • Student Visas
    • Visit Visas
    • Work Visas
  • Disputes
    • Contract Disputes
    • Debt Recovery
    • Defamation
    • Professional Negligence
    • Property Disputes
  • Wills, Probate and Estate Planning
    • Court of Protection
    • Inheritance Tax Planning
    • Lasting Powers of Attorney
    • Making A Will
    • Probate
  • Blog
  • Contact Us
    • St. Albans Office
    • West Drayton
You are here: Home / Family / Grounds for divorce: What is unreasonable behaviour?
Life after divorce

Grounds for divorce: What is unreasonable behaviour?

20 April 2018 by Tom Bancroft

There is no such thing as a ‘no fault’ divorce in England and Wales. As stated in our previous blog ‘What is the divorce process’, if you have decided to get divorced you will need to demonstrate your relationship has irretrievably broken down. The most common reason used is that your spouse has behaved in such a way that it would be unreasonable to expect you to continue living together. This is also known as unreasonable behaviour. But what constitutes unreasonable behaviour as grounds for divorce?

Before, you decide to use unreasonable behaviour as grounds for divorce it is worth checking if you qualify on other grounds. These include:

  • Your partner has committed adultery and you cannot continue to live with them
  • They have abandoned you for a continuous period of 2 years or more
  • You and your partner have been living separately for 2 years or more and you both agree to the divorce
  • You and your partner have been living separately for 5 years or more

At this point, we should also point out that if you are the person starting the divorce you are known as the ‘petitioner’. Your partner would be known as the ‘respondent’. This is important because if you are the petitioner you will have to complete more paper work, including giving examples of unreasonable behaviour.

Unreasonable behaviour

You need to prove to the court that your marriage has irretrievably broken down due to unreasonable behaviour. Some examples of this include:

  • Lack of emotional support
  • Violence/physical abuse
  • Verbal abuse
  • Financially irresponsible e.g. failure to support the family, household costs.
  • Lack of support in general, around the house, in your career etc.
  • Gambling on a frequent basis and/or creating debt without your knowledge
  • Drug/alcohol abuse
  • Refusal to discuss/work on issues within the marriage
  • Not wanting to engage in any sexual or physical relations
  • Limited socialising as a couple

As the petitioner, when you file for divorce you will need to give specific examples. This could include:

  • The Petitioner has not had sexual relations with the Respondent since April 2017.
  • The Respondent was verbally abusive to the Petitioner in June 2017 using the words… which caused the Petitioner stress and anxiety.
  • The Respondent has not contributed to the household bills since July 2017 which led the Petitioner to feel…”

If your divorce is amicable you may want to share these examples with your partner prior to submitting them to court. Your partner may even want to write the examples themselves. This can help to avoid conflict and stress, particularly if you have children and will be sharing custody.

If you’re considering divorce or have any questions please contact us in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or by email via our contact page.

Filed Under: Family Tagged With: advice, divorce, divorce process, Family Court, family law, grounds for divorce, law, unreasonable behaviour

criminal_appeals_lawyer_logolexel_logo_smcriminal-litigation-logo
   

Copyright © 2020 — Wells Burcombe LLP • All rights reserved.

Wells Burcombe LLP registered office: 5 Holywell Hill, St. Albans, Hertfordshire, AL1 1EU. Registered No. OC336186. Wells Burcombe LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 488294). Wells Burcombe Solicitors and Wells Burcombe are trading names of Wells Burcombe LLP. Wells Burcombe LLP is registered in England & Wales. The term Partners refers to members of Wells Burcombe LLP.

Another PENNInk Production

Follow us

  • Facebook
  • LinkedIn
  • Twitter
  • Legal Disclaimer
  • Privacy Policy
  • Terms & Conditions
  • Pricing/Fees
  • Complaints Procedure
  • Copyright Policy
  • Accessibility Policy
  • Sitemap

Copyright © 2022 — Wells Burcombe LLP • All rights reserved.

Wells Burcombe LLP registered office: 5 Holywell Hill, St. Albans, Hertfordshire, AL1 1EU. Registered No. OC336186. Wells Burcombe Solicitors and Wells Burcombe are trading names of Wells Burcombe LLP. Wells Burcombe LLP is registered in England & Wales. The term Partners refers to members of Wells Burcombe LLP.

Another PENNInk Production