Unreasonable behaviour objection

Hi all,

My STBX and I have been progressing very amicably up until this morning. We have no disagreement about childcare, finances or the fact that the marriage is over.

This morning, I received the Petition for divorce and the Notice of Proceedings, as well as the other bits and bobs.

I can't afford a solicitor. Hell, I've just come out of hospital, and I couldn't walk or drive far enough to find a solicitor even if I could. So, here I am, asking for advice.

I want to agree to the divorce, but register my objection to the wording of the Unreasnable Behaviour - is this possible, and how would I go about it?

All advice gratefully received.

Steve

Hi,

You have the option of either:

Unreasonable behaviour
Adultery
2 years seperation with consent
5 years without consent

Within the actual D8 Petition you list the reason why the marriage has broken down. you dont have to be nasty, just keep it simple, bullet pointed and outline why the marriage has ended.

these are the only ways you can point forward a divorce im afriad.

DA

I do not accept the grounds stated in the Petition but agree that the marriage is over

or something similar

Sorry just noticed i misread your post!

pixy wrote:

I do not accept the grounds stated in the Petition but agree that the marriage is over

or something similar

That's kinda what I was hoping to do, but where abouts on the acknowledgment of service - respondent spouse (form D10(1) would I put that? the form isn't exctly straightforward....

The court requires adequate reasons to allow the divorce to proceed. 'Growing apart' is not an adequate reason hence the allegations of unreasonable behaviour. These have to be strong enough to convince a judge to grant the divorce. In most cases it does involve being a little excessive with the allegations.

The easiest way to allow it to proceed is on the Acknowledgement of Service where it asks if you wish to defend the Petitioner you should write "no - I do not wish to defend the Petition. I do not admit the allegations made but I agree that the marriage has irretrievably broken down".

It is usual for the petitioner to claim costs from the respondent - you should check the Petition for this. If the parties are amicable, it is common to share the costs or for the petitioner to withdraw the claim for costs if the respondent acknowledges the petition with defending it.

Charles

Charles - brilliant. Thank you very much - just what I was after!!