Unreasonable behaviour: What must you prove to rely on this as a ground for Divorce?
LawGuide
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.
