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Unreasonable Behaviour Definition

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If your wife knows you've been seen kissing another woman in a pub, and she finds some flirtatious emails with that woman on your laptop (but you haven't had sex with the other woman) can she petition for divorce on the grounds of unreasonable behaviour.

It won't be contested, as both parties want a divorce, but I just want to be sure that a court would regard that as sufficiently unreasonable behaviour to be grounds for divorce.

(this isn't about me BTW so no insults please)
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  • tanith
    tanith Posts: 8,091 Forumite
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    #6 of the SKI-ers Club :j

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  • Rebecca01
    Rebecca01 Posts: 732 Forumite
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    Unreasonable behaviour is very subjective.

    What is reasonable for one person maybe perfectly fine for someone else.

    Good Link above from tanith. Also look on wikivorce.
  • kboss2010
    kboss2010 Posts: 1,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 2 October 2013 at 10:30PM
    I think that's going to be the last of this person's worries if they get caught out doing this, worrying what reason the divorce papers will cite for the split. You can divorce a person for just about any reason, most things fall under at least one of those categories.

    If the person has kids, expect them to be taken to the cleaners too, courts really don't favour men in a family, especially in these kinds of situations.

    If one does the crime, then they shouldn't really be querying the manner in which their punishment is served.
    “I want to be a glow worm, A glow worm's never glum'Coz how can you be grumpy, when the sun shines out your bum?" ~ Dr A. TappingI'm finding my way back to sanity again... but I don't really know what I'm gonna do when I get there~ LifehouseWhat’s fur ye will make go by ye… but also what’s not fur ye, ye can jist scroll on by!
  • if it was my OH a divorce is the last thing he would worry about - more like he'd be worrying about the wait in A&E
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  • marywooyeah
    marywooyeah Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Theres no such ground as "unreasonable behaviour". There is only one ground for divorce: that the marriage has irretrievably broken. This has to be supported by one of the "five facts", one of which is behaviour: the petitioner can submit that the respondent behaves or has behavedbin a way which makes it unreasonable for them to be expected to continue to live with the respondent.

    This is commonly wrongly reffered to as unreasonable behaviour.

    In response to the bulk of your question OP, that behaviour can suffice. In the case of Watchel v Watchel an association that fell short of adultery constitued the fact of behaviour, although what you describe a lot of people would class as adultery the legal definition is not made out here, therefore behaviour would be the appropriate fact for divorce.

    Hth
  • mgdavid
    mgdavid Posts: 6,710 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    if it was my OH a divorce is the last thing he would worry about - more like he'd be worrying about the wait in A&E

    charming, what a catch you were!
    The questions that get the best answers are the questions that give most detail....
  • Excited13
    Excited13 Posts: 299 Forumite
    In my divorce my ex got unreasonable behaviour on the grounds I went out with friends on a Friday night when he got home. It literally sounded like I should be home making his tea. Divorce was granted although my solicitor was surprised and I had enough reasons for his unreasonable behaviour.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    If both parties want a divorce, it's unlikely that a court would not allow it. I suspect that the 'reason' would be simply accepted.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • Strapped
    Strapped Posts: 8,158 Forumite
    My husband allowed his ex to divorce him for unreasonable behaviour, even though it was her having the affair. He jokes his unreasonable behaviour was not being happy about that.
    They deem him their worst enemy who tells them the truth. -- Plato
  • aileth
    aileth Posts: 2,822 Forumite
    I don't know about anyone else, but if I knew my OH was kissing another woman in a pub and sending flirty emails, I'd find that very unreasonable!
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