Showing Tag: "unreasonable behaviour" (Show all posts)

Wife's appeal against decree nisi

Posted by Rory Miln on Monday, April 2, 2012, In : definitions 
The Court of Appeal heard an unusual appeal last month. 

A wife asked the court to overturn the decree nisi granted in the local county court to her husband based on allegations of unreasonable behaviour on her part.  The wife's legal argument was that 1) her husband had to satisfy the court that her behaviour was such that he could not reasonably be expected to live with her, 2) the behaviour he was complaining of was trivial (it amounted to normal domestic disagreements, for example about t...
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Can we get a divorce if we both agree the marriage is over?

Posted by Rory Miln on Monday, January 24, 2011, In : definitions 
Only if you wait for two years after separating, and even then only one of you can petition for divorce.  If you want to get divorced sooner, one of you will have to divorce the other relying on adultery or unreasonable behaviour. 

See also 17th January 2011.

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Unreasonable behaviour (4)

Posted by Rory Miln on Tuesday, June 1, 2010, In : definitions 
If possible, a divorcing couple should try to agree in advance the text of the 'Particulars of Unreasonable Behaviour' part of the petition.  This is a reliable way of avoiding the acrimony that can result if the respondent doesn't see the particulars until (s)he receives the petition from the court.  It often makes it easier to agree on finances and the arrangements for the children, which can only be a good thing.
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Unreasonable behaviour (2)

Posted by Rory Miln on Monday, May 17, 2010, In : definitions 
If you petition for divorce on the basis of your spouse's unreasonable behaviour but go on living together after you have filed your divorce petition, the court will disregard the fact that you have gone on living together.  It is still possible for the court to decide that "the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent".  However if you live together for six months or more after the most recent incident of unreasonable ...
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Unreasonable behaviour

Posted by Rory Miln on Monday, May 10, 2010, In : definitions 
You can get divorced by relying on your spouse's unreasonable behaviour.  The test is a subjective one and not an objective one, which means that when the district judge reads your petition (s)he merely has to be satisfied that you find the behaviour unreasonable.  It is not a 'man on the Clapham omnibus' test. 

This does not mean that you can rely on trivial grumbles about your spouse.  Remember that the district judge is trying to decide whether the marriage has broken down irretrievably.  G...
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Only one ground for divorce

Posted by Rory Miln on Saturday, April 3, 2010, In : definitions 
There is only one ground for divorce, and that is that the marriage has broken down irretrievably.  In order to satisfy the court that the marriage has broken down irretrievably, the petitioner must prove that one of five 'facts' applies.  The five facts are: adultery, unreasonable behaviour, desertion, two years' separation (with the respondent's consent) and five years' separation (respondent's consent not needed).

More on the individual facts in future posts.
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Order for costs

Posted by Rory Miln on Monday, August 10, 2009, In : definitions 
An order for costs is a court order requiring a party to pay the other party's costs.  The order can be to pay all the other party's costs, or a proportion of them, or it can be to make a contribution of a fixed amount.

In divorce cases, there are usually two separate lots of costs: the costs of the divorce itself (the 'main suit') and the costs of dealing with financial matters ('ancillary relief').  

If a divorce petition is based on adultery or unreasonable behaviour, the petitioner may ask ...
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Answer

Posted by Rory Miln on Monday, May 11, 2009, In : definitions 
Answer:

If a person is served with a divorce petition and wants to defend the proceedings, the document they submit to the court is an Answer.  

Most divorces are undefended, in which case there is no Answer.

Typically, an Answer states that the marriage has broken down irretrievably but asserts that the reason for the breakdown is unreasonable behaviour or adultery on the part of the petitioner.  Details ('particulars') of the behaviour or adultery are usually given, and the Answer usually co...
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Rory Miln


Principal Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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acknowledgment of service additional state pension adultery affidavit of service affirmation agree in advance the text of the 'particulars of unreasonable behaviour' part of the petition agreed draft order ancillary relief ancillary relief order by consent answer appointment more or less straight away biological father broken down irretrievably cafcass cash equivalent transfer value cetv child maintenance child maintenance payments to be deducted at source? child support child support agency children and family court advisory and support service clare's law clean break client or customer? cmec co-respondent cohabitants' rights cohabiting couples common law husband common law marriage common law wife conditional order condoning unreasonable behaviour conduct consent order contact contribution converting a joint tenancy into a tenancy in common costs costs and public funding costs hearing costs in ancillary relief proceedings costs in the application costs of the main suit costs reserved court court cases involving children court fees court of appeal court welfare officer courts csa decree absolute decree nisi defend defended divorce deliberately withdrawn from the marriage desertion directions directions appointment disclosure dissolution divorce divorce costs divorce procedure do i have to go to court? document documentary evidence domestic violence don't deal piecemeal with your finances don't skip financial disclosure dwp dx england and wales expert report facebook fairness family mediation father sign birth certificate? fdr appointment file file your answer within 28 days finances financial arrangements settled by agreement financial disclosure five years' separation foreign marriage form br20 form tr1 full financial disclosure get divorced but not straight away go to school grandparents' contact grave financial or other hardship having the occasional meal together hold up decree absolute home rights if your spouse has disappeared inheritance international child contact intolerability and adultery intolerable to live with the respondent irretrievable breakdown joint tenancy joint tenants jointly-owned property judicial gem land registry form tr1 law commission life assurance living at the same address living together after you have filed your divorce petition lottery loyalty points maintenance man on the clapham omnibus marriage matrimonial 'pot' matrimonial home rights mediation mediation before applying to the court medical treatment most cases settle by agreement multiple islamic marriages name the third party nectar points new court forms new court rules no answer or reply no order principle no pension sharing without a court order - no court order without a divorce no-fault divorce non-owning spouse non-religious version of an swearing an oath number of divorces in england and wales ombudsman out of the jurisdiction parental responsibility particulars pension attachment pension expert's report pension report pension sharing pension sharing - don't guess! personal possessions personal service petition petitioner polygamy post prayer prevent the marriage from being dissolved proceedings prohibited steps public sector pension rearranging a couple's pension provision reasonable reasonable steps to find your spouse reconciliation relocation reply report and recommendation for the court residence respondent rules of intestacy separation separation agreement serve set down setting aside a transfer sever the joint tenancy shared care silver separation six months rule sleeping apart is not enough solicitor sometimes the petitioner would have liked a reconciliation specific issue order start statement of information statement of information for a consent order surrogacy swear on oath take the child out of the uk taking children to live abroad tenancy in common tenants in common the 1996 hague convention the five 'facts' the petitioner controls when the marriage is finally dissolved time to think about what we're doing transfer value trial by correspondence two marriage ceremonies two years' separation with consent unable to afford to run two separate households undertaking not to apply for decree absolute unequal shares unmarried couples unperfected order unreasonable behaviour voluntary sexual intercourse wait for two years before getting divorced welfare of the child what will happen if you die while you still own the property

About Miln MacLeod


Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page
 
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