Can I defend myself against allegations of unreasonable behaviour?

Following the introduction of ‘no-fault’ divorce in April 2022 through the Divorce, Dissolution and Separation Act 2020, parties no longer need to assign fault for the breakdown of the marriage or separate for at least two years. Now, it is only necessary for one party to state that the relationship has permanently broken down. It is hoped that this will make the divorce process less acrimonious.

Furthermore, a petition for divorce can now only be contested in very limited circumstances, based on:

1. Jurisdiction
2. The validity of the marriage

The court will consider the conduct of both parties when considering a financial settlement, but conduct rarely has a significant impact on the court’s judgment. Whilst many believe that adultery and unreasonable should result in a more favourable settlement, these factors tend not to have any real bearing on the financial aspect of a divorce.

If you are concerned that your spouse may make allegations of unreasonable behaviour against you in order to obtain a more favourable settlement, don’t worry. You will have the opportunity to present your version of events to the court and misconduct will have to be significant to justify a departure from equality. Learn more here.

If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors. 

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