Can I defend myself against allegations of unreasonable behaviour? 

Please note that the following guide only applies to divorces started before 4pm on 5th April 2022. For divorces after this date, see our guide to no-fault divorce, which now applies.

contesting unreasonable behaviour in divorce

Where one spouse has made an allegation of unreasonable behaviour as their ground for divorce and the other party disagrees with this assertion then they are entitled to defend the allegation. Unreasonable behaviour is the most common reason given for the irretrievable breakdown of a marriage since it does not require a long time period to have passed (two or five years for separation or desertion) or an admission to adultery.  

What is unreasonable behaviour? 

When citing unreasonable behaviour as a ground for divorce, the person alleging unreasonable behaviour must show the court that their spouse’s behaviour is so unreasonable that they should not have to remain married to them.  

What is unreasonable is fairly subjective but does rely on the court agreeing that the marriage has broken down due to this behaviour. The widely publicised and controversial Supreme Court case of Owens v Owens highlighted that unreasonable behaviour will not be allowed as a basis for divorce if a party is unhappy in the marriage but there is no actual evidence of unreasonable behaviour. 

examples of unreasonable behaviours 

There is no definitive list as to what will be regarded as unreasonable behaviour but examples include:  

• Abuse, including physical, verbal, emotional and sexual 

• Neglect 

• Violence 

• Harassment  

• Inappropriate relationship with another person 

• Financial recklessness  

• Drug or alcohol abuse 

• Unreasonable sexual demands 

• Working unreasonable hours 

can you contest allegations of unreasonable behaviour?

A spouse that has been served divorce papers has various options if they are unhappy with the allegations of unreasonable behaviour: 

Defend the divorce 

It is possible to defend the divorce and state that the relationship has not broken down but this is extremely rare (though this is what happened in the above mentioned case of Owens v Owens). In most cases, both parties agree to the divorce but may disagree on the grounds.  

Challenge the allegations of unreasonable behaviour 

Alternatively, it is possible to challenge the allegation of unreasonable behaviour in order to have this changed. It should be noted that this is likely to have the same result (the divorce is granted) but the process will be longer and more expensive. Another route is for the party accused of unreasonable behaviour to respond to the divorce petition in the Acknowledgment of Service raising their objections or concerns. 

Cross petition the divorce 

If a party agrees that the divorce should proceed but disagrees with the allegation of unreasonable behaviour, then they can make a cross petition, where they put forward their version of events as to why the marriage has broken down. It will be up to the court to decide which petition will be accepted. 

Frequently asked questions:

What happens if i challenge the allegations?

Challenging the allegations may not stop the divorce from proceeding, but it can affect how the case is presented. It may also increase the time and costs involved.

Is it common to defend a divorce based on unreasonable behaviour?

No, it’s rare. Most divorces proceed uncontested, even if there are disagreements over the reasons behind the divorce. The case of Owens v Owens is a notable exception where the divorce was defended all the way to the Supreme Court.

What is a cross petition in divorce?

A cross-petition may be filed when the respondent agrees that the marriage has broken down but disagrees with the reasons given. Essentially, the cross-petition creates a new petition for divorce, with the respondent’s own version of events and grounds for divorce.

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

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2022 Update: unreasonable behaviour following no-fault divorce

As of 6 April 2022, England and Wales now has no-fault divorce, meaning that there is no requirement to assign fault or blame as the sole ground for divorce is the irretrievable breakdown of the marriage, which only needs to be stated by one of the parties. Divorce can no longer be contested unless on technical grounds e.g. if one party disputes the jurisdiction where their spouse has filed for divorce in. 

So whilst you can divorce your spouse due to unreasonable behaviour, this cannot be cited specifically when you apply for divorce, nor can you challenge your spouse’s petition for divorce.

The information above is no longer applicable to divorces which have commenced since the introduction of no-fault divorce. However, it has been retained for those interested in what was considered unreasonable behaviour under the old law.