Re:Divorce on grounds of unreasonable behaviour

I have been separated since July 2011. Initially we were going to wait 2 years and then apply for divorce but my husband has now moved the goalpost and says we can get a divorce in 3 months on the grounds of unreasonable behaviour. I am feeling rushed into it and worry about the financial side of things. I am entitled to half of our assets and also pension. I know I need to get legal advice but it's expensive and I can't afford it at the moment. Is there any help for people like me out there?

Hi,
Welcome to wiki...this site has a wealth of information and helpful members who can offer advice and support.

What your husband says isn't 100% true but you could certainly be a long way down the line by then but that makes some big assumptions.
If your marriage has broken down and after 6 months apart it seems like it has, there isn't a lot of point in toughing it out for 2 years, the only difference is you could not use 2 years seperation, but could use Unreasonable Behaviour.

How the assets are divided up is rarely a straight 50:50 split and depends on many factors, and it is always wise to get some legal advice regarding that.

In terms of legal costs the more that you can resolve and agreee on between yourselves the cheaper it will be.

LB

The actual divorce and finances are treated separately. If you are prepared to do some research and form filling it is possible to do the divorce yourself. There are resources on this website, the Which? guide to divorce and various books written by solicitors on how to do your own divorce. A lot of people don't want to wait two years so unreasonable behaviour is often used as the reason the marriage broke down.

Allegations of unreasonable behaviour don't have to be extreme. There needs to be 4-6 allegations such as spending too much time with friends, doing hobbies, working etc, not helping with the chores, bad temper, annoying habits, not consulting about important financial decisions. When the allegations and who is to pay costs can be agreed the first part of the divorce can progress relatively smoothly and quickly.

Usually the finances are then negotiated before the absolute. Financial negotiations tend to take longer than people think. As LB says sharing assets 50:50 isn't that common and it is a good idea to consult a solicitor to find out where you stand and what options there are in your particular circumstances. It is then possible to negotiate and agreement between yourselves or with the help of a mediator which keeps the costs down.

If you can reach a financial agreement most people need a solicitor to draft it into a consent order which is legally binding once ratified by the courts. The application for the final divorce decree can be submitted at the same time.