Unreasonable behaviour as a reason for divorce

Hello All,

I (husband) have been separated (without consent) for just over two years. I dont believe that my wife (technically) is going to go along with 2 yrs separation with consent as the basis of divorce.

Please can unreasonable behavior still be used as the basis for divorce petition?

Thanks a lot in advance for your help.

destiny

If you have been apart for more than two years is there a reason why your wife would not agree to divorce?.

Unreasonable behaviour is one of the most common factors used to show the marriage has ended, you would rely on the reasons that led to the separation, happily married people don`t leave each other so think back to the reasons why it happened.

Many think unreasonable behaviour must be a list of heinous crimes, its not, its what you found unreasonable that led to the marriage breaking down.

All a judge actually needs to know is that the marriage has ended, in law you need to show this by picking one of five factors, unreasonable behaviour does not require proof, often its how one spouse felt, feelings can`t be proved nor can they be defended by the other spouse.

Yes unreasonable behaviour can be used I would think.

One piece of advice I was given was really useful- that was- keep the reasons relevant and mention your feelings about it: someone abandoning you IS relevant- ie- your first reason can easily be something along the lines of "they left me x amount of time ago, which made me feel x way".

Though my wife had left and taken up with another guy, I was told several times not to divorce on adultery since if defended it would be hard to defend, but when I sent to the court on unreasonable behaviour, I mentioned an "inappropriate relationship" which made me feel "x and y" way.

I followed that up with other relevant information and how I felt about those things.

Bare in mind- irrelevant or petty reasons for unreasonable behaviour can also be thrown out of court, because they're not unreasonable enough- but abandoning you is a reason why your marriage has ended.

Hope that helps- and I'm no expert!!!

Thanks a lot Shi. Thanks for very valuable advice to focus on how certain things made me feel. My point will simply be that all her actions made me feel so bad that i had to leave and have been away for two years. I suppose this sort of effect on someone should be good enough for the courts to recognise that the marriage has ended.

Would appreciate if you shared your thoughts on my comment.. thanks

Many thanks Dukey for your invaluable inputs. I doubt she will agree to go on the basis of 2 years separation with consent.


Just wanted to understand how much weight in the eyes of law does that fact that there is a 2 years separation (wihtout consent) over and above the unreasonable behaviour. I know it is a subjective question but just don't want my application for divorce being turned down on the grounds of not strong enough reasons.

Can't really afford solicitor as i am still paying all the bills as i did when i stayed in the marital home; this forum has been of real help and your comments would be much appreciated.

many thanks

Hi destinyrms2k,

The courts will recognise as untenable a situation where one spouse wants to leave the marriage and the other doesn't want it to end.

The courts will not allow a decree nisi for frivolous reasons but neither will they try and prolong a failing marriage.

The fact that you have been separated for 2+ years and your wife won't consent to a divorce is in my opinion likley to lead to the court looking favourably at your grounds for unreasonable behaviour.

Good luck!

YA

For what it's worth, I agree. It is clear your wife is not fulfilling the basic duty of a married couple, to cohabit.

LMM