Unreasonable behaviour

Irretrievable breakdown can be proven by showing unreasonable behaviour.  The test is objective, not subjective.  You have to show that you cannot reasonably be expected to continue to live with the other person as a result of their behaviour.

Examples of cases where the Court have found unreasonable behaviour vary, with each case turning on it's facts.  Where the other person is unemployed the complaint usually is that they are always under the Petitioner's feet.  Where they work it is usually that they are always out working and never at home. 

In the past the court has allowed behaviour petitions based on excessive DIY, the other person preferring to spend time with the pet over the Petitioner or the Respondent being dictatorial.  Where the Respondent is having a relationship with another person and adultery cannot be proven it can be relied upon as unreasonable behaviour instead.

Where there is a long history of unreasonable conduct the usual rule is to rely on the first, worst and last events.  You also have to be careful how you draft the allegations, as these may aggravate an already sensitive situation and have an impact on any children also.  Best practice is to try and agree the content of the allegations with the Respondent beforehand.

If you continue to cohabit for a cumulative period of more than 6 months after the last act alleged then the Court may refuse to grant the Petition as part of the consideration of whether you can reasonably be expected to live with the Respondent.  The longer the cohabitation the less likely the Petition will be granted and the better an explanation is likely to be required.

Living in the same house is not the same as cohabitation.  If you do continue to live under the same roof then as long as you live separate lives the time is disregarded.  Separate lives means things like not sleeping in the same bed, not eating meals together and not doing the other person's washing or washing up.  The longer you are living separately in the same house the more dubious the Court is likely to be that you are truly living separate lives instead of cohabiting.

The most important thing is to have a solicitor who knows what they are doing.  A good solicitor will almost always be able to draft an unreasonable behaviour petition that would satisfy a judge. 

For further help and assistance call us on (01525) 373322 or e-mail us.