For decades, “unreasonable behaviour” was the most common way people got divorced in England and Wales: you had to give examples of your spouse’s conduct to show the marriage had broken down. If you are searching for it now, it is worth knowing that the law has changed.
Since no-fault divorce came in, you no longer have to blame anyone or prove unreasonable behaviour to get divorced. This guide explains what unreasonable behaviour was, what replaced it, and whether behaviour still matters at all in a modern divorce.
In short: Unreasonable behaviour is no longer a ground for divorce in England and Wales. It was one of the five “facts” used to prove a marriage had irretrievably broken down before no-fault divorce came into force on 6 April 2022. You now simply confirm the marriage has broken down irretrievably, with no need to give reasons or examples. Behaviour rarely affects the divorce itself anymore, though it can still be relevant to finances in exceptional cases and to arrangements for children.
Quick answer: is unreasonable behaviour still grounds for divorce?
No. Since 6 April 2022, you do not need to rely on unreasonable behaviour, or any other reason, to get divorced in England and Wales. The no-fault divorce law removed the requirement to give a “fact” such as unreasonable behaviour or adultery. You now just confirm that the marriage has broken down irretrievably, and that statement cannot be challenged.
What was unreasonable behaviour in divorce?
Before the law changed, there was only ever one ground for divorce: that the marriage had broken down irretrievably. To prove it, you had to establish one of five facts, and “unreasonable behaviour” (more precisely, that your spouse had behaved in such a way that you could not reasonably be expected to live with them) was by far the most common, because it did not require a period of separation.
In practice, the person applying for the divorce had to set out examples of their spouse’s behaviour in the petition. This often added conflict to an already difficult situation, which is part of why the law was reformed.
Examples of unreasonable behaviour
Under the old system, examples ranged from the serious to the relatively mild, and could include things like:
- Verbal, emotional or physical abuse
- Excessive drinking, drug use or gambling
- Financial irresponsibility or controlling behaviour around money
- Lack of emotional or physical intimacy
- Devoting too much time to work, family or hobbies at the expense of the marriage
- A general lack of support or communication
These are included here for context. Under no-fault divorce you no longer need to list any of this to end your marriage.
What replaced it? No-fault divorce
The Divorce, Dissolution and Separation Act 2020 introduced no-fault divorce on 6 April 2022. The single ground (irretrievable breakdown) remains, but the five facts were abolished. Now one or both spouses simply make a statement that the marriage has broken down irretrievably, and the divorce proceeds through the conditional order and final order stages.
There is no blame, and the divorce cannot be contested except on limited technical grounds such as jurisdiction.
Does behaviour still matter in divorce?
This is the question most people really have. The short answer is that behaviour matters far less than it used to, but it is not always irrelevant.
For the divorce itself
No. Your spouse’s behaviour has no bearing on whether you can get divorced or how the divorce is granted. You do not need to prove or even mention it.
For the financial settlement
Usually not. The court generally does not reduce someone’s financial settlement because they behaved badly in the marriage. Conduct is only taken into account in exceptional cases, where it has been so serious that it would be unfair to ignore it. This is why “who pays” is rarely decided by behaviour.
For arrangements for children
Behaviour can be relevant where it affects a child’s welfare or safety, for example, where there has been abuse. The court’s focus is always on what is best for the child rather than on punishing a parent.
Wondering how your situation is affected by the new rules? Speak to a family law specialist for a free 30-minute initial consultation: call 0800 321 3832 or request a free call back.
How long does a divorce take now?
Under no-fault divorce there is a minimum timeframe built into the process: a 20-week period from the start of the application before you can apply for the conditional order, then a further 6 weeks and 1 day before the final order. In practice most divorces take around six to eight months, and longer if finances are still being resolved.
Frequently asked questions
Is unreasonable behaviour still grounds for divorce in the UK?
No, not in England and Wales. Since 6 April 2022 you no longer need to cite unreasonable behaviour or any other reason; you simply confirm the marriage has broken down irretrievably.
Do I still have to give examples of my spouse’s behaviour?
No. Listing examples of behaviour was part of the old system. Under no-fault divorce there is no requirement to give any reasons or examples.
Does my spouse’s bad behaviour affect the financial settlement?
Rarely. The court only takes conduct into account in exceptional cases where it would be unfair to ignore it. In most divorces, behaviour does not change the financial outcome.
Can my spouse contest the divorce now?
Essentially no. Under no-fault divorce a divorce cannot be defended on the basis of disagreement; it can only be disputed on limited technical grounds such as jurisdiction or the validity of the marriage.
What if there has been abuse?
While abuse no longer needs to be cited to get divorced, it can be highly relevant to arrangements for children and, in serious cases, to finances, and there are separate protective measures available. If you are at risk, seek advice and contact the police in an emergency.
Talk to our divorce team
The rules have changed, and what used to matter may no longer apply to your situation. We can explain exactly where you stand under no-fault divorce and guide you through the process. We offer a free 30-minute initial consultation.
Call 0800 321 3832 or request a free call back to speak to an expert divorce solicitor.
