No-fault divorce update
New no-fault divorce legislation came into effect on 6 April 2022 and changed how you file for divorce.
You no longer need to rely on one of the old grounds for divorce, such as unreasonable behaviour, to prove that your marriage has broken down. Instead, the act of filing for divorce is taken as confirmation that the marriage should end. For more information, read our guide: No fault divorce: Everything you need to know.
What is unreasonable behaviour?
Unreasonable behaviour in a divorce describes your spouse acting in a way that means you cannot reasonably be expected to continue living with them.
Of the five former grounds for divorce, unreasonable behaviour was the most commonly used. This is because it could cover a broad range of conduct, from irritating habits to illegal behaviour.
Unreasonable behaviour was based on what you could not reasonably be expected to tolerate. The law allowed room for personal circumstances, so if your spouse’s behaviour caused serious upset or made life together unmanageable, it could often be relied on in a divorce petition.
That said, some examples came up time and again. Here are some of the most common examples of unreasonable behaviour.
1. Domestic abuse
Domestic abuse is one of the most serious forms of unreasonable behaviour.
No one should have to live with a partner who subjects them to physical, emotional, mental, or sexual abuse. If you are being abused, you should seek support and take steps to protect yourself as soon as possible.
Remember that domestic abuse is not always physical. Frightening, controlling, or intimidating behaviour can be just as damaging to your wellbeing.
If you’re a victim of domestic abuse, you may be eligible for legal aid to help with legal costs.
Find out more in our guide: How to get help paying for legal fees.
2. Excessive habits
We all have unhealthy habits from time to time. From video games to endless scrolling on social media, modern life offers no shortage of distractions.
For most people, this is not a major issue, even if it occasionally causes tension. But if your spouse prioritises these habits over spending time with you or engaging in the relationship, it can become unreasonable behaviour that damages your marriage.
Where that line falls will depend on your personal circumstances. You may value independence and encourage doing things separately.
On the other hand, if you are regularly ignored while your spouse disappears into their own world, it may leave you feeling isolated and resentful. In some cases, that could be used as evidence of unreasonable behaviour.
3. Reckless spending
Financial problems are one of the main reasons marriages break down.
Although disagreements about money are common, one spouse acting recklessly with shared finances can amount to unreasonable behaviour.
Reckless spending might include:
- Racking up debts through gambling
- Funding an alcohol or drug addiction
- Making extravagant purchases you cannot afford, such as expensive cars or luxury jewellery
What counts as reckless spending will depend on your circumstances. A good rule of thumb is that any significant spending that ignores or harms the wellbeing of you and your family could be used as evidence of unreasonable behaviour.
4. Drunkenness or drug abuse
Living with someone who abuses alcohol or drugs can put enormous strain on a marriage.
Many people can enjoy alcohol without it causing problems. But where drinking or drug use becomes excessive, it can seriously affect family life.
Living with someone who misuses substances can be difficult. They may behave unpredictably and struggle to meet responsibilities, such as paying bills or keeping commitments.
Unfortunately, substance misuse can also increase the risk of verbal or physical abuse.
If your spouse is regularly drunk or intoxicated, this may have been used as evidence of unreasonable behaviour.
5. Inappropriate relationships with someone else
Few things damage a marriage as deeply as an affair or an inappropriate relationship outside the marriage.
Adultery, meaning sexual relations with someone of the opposite sex other than your spouse, was a separate ground for divorce. However, it could be difficult to prove and was often not worth relying on unless your spouse admitted it.
If you suspected adultery, it was often easier to cite unreasonable behaviour instead, based on your spouse’s inappropriate relationship with someone else. This could also include emotional cheating, where your spouse becomes romantically involved with another person even if the relationship is not physical.
6. Lack of socialising together
Having separate hobbies and social circles is a normal and healthy part of married life. But if your partner rarely spends time with you, it can place strain on the relationship.
There is no fixed amount of time a couple must spend together. The issue is whether your spouse makes a reasonable effort to meet your needs and maintain the relationship.
7. Lack of support
A lack of support in a marriage can contribute to the breakdown of the relationship.
Marriage is a partnership, which means sharing responsibilities and supporting one another through everyday life. If your partner fails to provide that support, it may amount to unreasonable behaviour.
This can take many forms. Common examples include not helping with household chores or childcare, but it can also include emotional neglect, such as not being there for you during a personal crisis.
8. Lack of affection
A lack of affection in a marriage can be a sign that the relationship is under serious strain.
While no one expects the early excitement of love to last forever, strong relationships often depend on regular displays of affection and emotional connection. If your spouse shows no affection, this may have been relied on as evidence of unreasonable behaviour.
A lack of affection might include a lack of sexual intimacy, as well as an absence of more general signs of care and closeness, such as handholding, warmth, or emotional support.
How to use unreasonable behaviour on your divorce petition
Unreasonable behaviour was one of the five former grounds for divorce used to show that a marriage had irretrievably broken down.
Before no-fault divorce came into effect on 6 April 2022, it was often used by people who wanted to begin divorce proceedings without waiting years after separation. Alternatives such as adultery could be harder to prove.
Using unreasonable behaviour was not always straightforward. You usually needed to provide four or five examples of your spouse’s behaviour on the divorce petition. This could make the process more confrontational and sometimes led to disputes if the other person felt attacked.
Where possible, it often helped if both spouses could agree on the examples used, as that could make the process smoother and reduce the chances of the divorce being challenged.
Today, because no-fault divorce is available, you do not need to rely on unreasonable behaviour to apply for a divorce.
Talk to a solicitor
Starting divorce proceedings is a major decision. If you are thinking about ending your marriage, it is a good idea to speak to a divorce solicitor for advice and support.
The Law Superstore connects you with family solicitors across England and Wales. Enter a few details to compare prices and find professionals who can guide you through the divorce process.
