Important update: in April 2019, the government confirmed that England & Wales will (at some point) change the current laws and introduce no-fault divorce. The information in this blog is still valid until the laws change, however when this will be has not yet been confirmed. For updates on no-fault divorce, please enter your email address below and we'll alert you about any important changes.
We do not have ‘no-fault divorce’ in England and Wales which means, one person has to divorce the other, turning the process into a blame game. This can cause unnecessary acrimony at times of high emotional stress. Below are examples of Unreasonable Behaviour and how to keep things amicable if you’re using this as your reason for divorce.
There are five reasons you can use to prove to the courts that your marriage has broken down past the point of repair. For example, have you been living independently for two years or have you been apart for over five years? Read amicable’s guide on all the options here if you’re unsure.
The most common reason used is unreasonable behaviour and if you agree this is the most relevant for you then you and your ex must agree who is going to divorce who.
The Petitioner is basically the person who starts the divorce, fills in most of the paper work and deals with the court. The Respondent is the person who has ‘behaved unreasonably’.
The court needs proof that your marriage has broken down, some examples of this behaviour include;
A selection of the above examples will not be enough for the court to decide whether your divorce should be allowed. You need to provide specific examples (around five in total) about what, when and how it made you feel. For example;
“The Petitioner has not had sexual relations with the Respondent since March 2015.”
“The Respondent stopped making financial contributions to the family home in January 2015 which led the Petitioner to pay for all the household bills, causing the Petitioner stress and anxiety.”
“The Respondent and the Petitioner stopped socialising together in January 2015 which led the Petitioner to feel…”
If you are amicable, we recommend sharing these examples with your ex before they receive them via the court so they don’t come as a shock. What is important is to remember and for your ex to realise that this is a means to an end. If you are amicable, it may be wise for your ex to write the examples of their behaviour themselves so any conflict between you can be minimised.
amicable can help you with this process. If you would like any more information, please get in touch.