Unreasonable behaviour: What must you prove to rely on this as a ground for Divorce?
- Unreasonable behaviour: you may obtain a Divorce by relying on the “irretrievable breakdown” of your marriage if you are able to prove that your spouse must have behaved in such a way that you cannot reasonably be expected to live with your spouse
- If you wish to rely on your spouse’s unreasonable behaviour as a ground for Divorce, you must satisfy the following criteria:
- You must prove that your spouse has behaved or continues to behave in such a way that you cannot reasonably be expected to live with him / her.
- You must also have stopped living together with your spouse within 6 months after the final incidence of unreasonable behaviour.
- You cannot rely on the unreasonable behaviour as a grounds for Divorce if you had continued to live with your spouse for more than 6 months after the final incidence of unreasonable behaviour.
- Examples of your spouse’s unreasonable behaviour may include situations where he / she has acted in the following way:
- Your spouse committed family violence by:
- Placing a family member in fear of hurt.
- Causing hurt to a family member.
- Wrongfully confining or restraining a family member against their will.
- Causing continual harassment with intent to cause anguish to a family member, including verbal abuse, psychological or emotional abuse.
- Your spouse neglected the family (e.g. keeping late nights, not financially supporting the family, irresponsibly incurring debts that adversely affect the family).
- Your spouse committed adultery with or has improper associations with a third party.
- Your spouse committed domestic violence.
