Divorcing on the Grounds of ‘Unreasonable Behaviour’
February 2022 saw the 'Office for National Statistics' (ONS) release its latest figures on divorce for 2020. Despite an overall drop in divorce rates of 4.5%, compared to 2019 figures - possibly down to Covid19 court delays, the main reason cited for divorce between both opposite and same sex couples was 'unreasonable behaviour.’
Unreasonable behaviour is one of 5 possible grounds for divorce, in England and Wales, the others being adultery (not applicable to same sex couples); 2 years separation by consent, 5 years separation and desertion.
Unreasonable behaviour was the most common reason for wives petitioning for divorce from their husbands and for men, it was two years separation closely followed by unreasonable behaviour.
For same sex female and male couples, the figures for unreasonable behaviour stood at 55.2% and 57% respectively.
To divorce on the grounds of unreasonable behaviour, you need to show that the conduct of your spouse is such that it is unreasonable to expect you to continue to live with them; in legal terms, the marriage has irretrievably broken down. To divorce on the grounds of unreasonable behaviour, you need to have been married for at least 12 months. This makes unreasonable behaviour he quickest divorce route next to '2 years separation.'
If you still live with your spouse, you must file for divorce within 6 months of the last incident, however, you can file for divorce after 6 months if one of you has moved out of the marital home. In both circumstances you will need 4 to 5 examples of their unreasonable behaviour and the impact that such behaviour has had on you.
There are many possible examples that could constitute unreasonable behaviour. At its harshest, it could be domestic violence, drinking or financial recklessness through to milder examples such as your spouse spending too much time at work or not wanting to have sex.
Despite what many people think, the degree of unreasonable behaviour has no impact on the financial settlement. Children and the caring parents ability to work as well as their income are the main influencing factors regarding financial settlement. A pre-nuptial agreement could also be an influencing factor. Furthermore, unreasonable behaviour allegations are not made public.
If you are both in agreement that the marriage is over, it can beneficial - from both a time and financial point of view - if you both agree to the details of unreasonable behaviour. To defend and contest merely prolongs the inevitable outcome at much greater expense.
'STOP THE PRESS!'
From the 6th April 2022 'The Divorce Dissolution & Separation Act' comes in. This gives you a 'no fault' option if you are in England or Wales and it also means that you don't have to wait two years. For couples that simply drift apart but want to remain amicable; particularly if there are children involved, this could be the perfect solution since it removes the need to blame, greatly limiting any acrimony between parties moving forwards.
For further information and advice on your present situation, get in touch with RJS Family Law.