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.
If you need to get divorced using ‘unreasonable behaviour’ as the ground for divorce, then this is all you need to know about divorcing under English and Welsh law.
Not sure what fact you are going to rely on yet? Visit this page for more information on grounds for divorce.
Unreasonable behaviour means your partner has behaved in such a way that you are unable to live with them anymore. There are usually two reasons for filing an unreasonable behaviour petition. Firstly, that your ex’s behaviour is so bad that you feel you cannot stay together. Secondly, there are no other grounds for divorce you can use.
We don’t have no-fault divorce in England and Wales so many couples are left with alleging unreasonable behaviour. If you haven’t been separated for two years, and no one has had an affair, there are no other grounds for divorce left. This means kicking off the process with blame and accusation. Not a great way to start. Especially if there are children involved or you have to make financial arrangements and need to negotiate with each other.
If you are in this situation where no other grounds for divorce apply, then please book a call with our specially trained divorce coaches who will help you here.
No, you can begin divorce proceedings without your partner agreeing to the divorce if you are using unreasonable behaviour.
You can still start divorce proceedings but your partner may choose to contest the divorce. If they do this they will need to file what’s called ‘an answer’ to your petition and pay a fee of £245. Few people succeed in counter petitioning and it can be expensive. There is rarely much point. Better to focus on moving forward rather than arguing about what has gone before. Unreasonable behaviour does not affect your financial settlement. Pragmatism is called for (see below).
A better route than contesting the divorce is for your partner to state that they will not contest the divorce but do not agree with the allegations you have made. There is a box to tick in the paperwork that the court sends you to do this.
The divorce proceedings start when you file your divorce petition. The ‘petitioner’ (the person initiating the divorce) writes around five bullets points describing the unreasonable behaviour of the ‘respondent’ (the person who in their view has acted unreasonably). It’s a tricky balance to get right. The petition must serious enough to pass in the eyes of the law, but not spiteful so that it causes unnecessary aggravation when you may have to co-parent or discuss finances.
From here, there are options about how you’d like to divorce depending on how much control you want throughout the process and how much you have to spend on getting divorced.
The chart below shows the options to kick off divorce proceedings from the highest control and lowest cost (essentially DIY divorce) to the most expensive option with least control being court.
Unreasonable behaviour can be one the least amicable ways to divorce as it involves one person making allegations against each other. If you would like advice and support on your personal situation please get in touch with one of our divorce experts