What is “unreasonable behaviour” in divorce?

Unreasonable behaviour v adultery

You might say that adultery is the pinnacle of unreasonableness but they are separate in divorce. However, they do have something in common, in that they do not affect financial settlements for a divorce. Both behaviour and adultery are reason to apply for a divorce.

If you are using adultery as the reason to petition for a divorce then that has to be done within six months of discovery of the adultery and has to be admitted (or if not proven, which can be difficult). Often, it is only wise to use adultery when the other person is willing to admit to it in Court.

Establishing unreasonable behaviour

With behaviour, you usually have to establish five or six examples, which you, the petitioner, find intolerable and unreasonable. They don’t need to be particularly awful, you have to be able to say that you find them intolerable and unreasonable.

Broad examples of unreasonable behaviour:

• Lack of love and affection
• Bad communication
• Socialising to the exclusion of the other party
• Financial recklessness
• Abuse – domestic, verbal, emotional
• Excessive behaviour – gaming, social media, drinking

Courts are generally accepting of relatively mild particulars these days. In reality the behaviour petition has become a vehicle that people rely on when they can’t rely on adultery or they haven’t been separated for two or more years.