What is unreasonable behaviour?
“Unreasonable behaviour” is the term used to describe the fact that a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.
It is important to understand there is no definitive list of unreasonable behaviours used in divorce petitions. It could be one or two serious incidents, to many more petty issues. In reality the courts take a very pragmatic view – if two people no longer wish to be married, there has undoubtedly been some form of behaviour (however extreme or minor) which has led them deciding on a divorce or dissolution of their relationship.
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 also have an impact on any children. Best practice is to try and agree the content of the allegations with the Respondent beforehand.
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 will satisfy a judge.