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Unreasonable behaviour: can you only cite incidents 6 months before separation?

(13 Posts)
lagoon Thu 19-Jun-14 13:02:22

My soon to be XH and I are divorcing, and I'm petitioning under unreasonable behaviour. We're not using solicitors and I'm doing the forms through the court myself. I've read/heard you can only cite incidents of unreasonable behaviour in the 6 months period before separation? Is this true?
We physcially separated on 1/11/13, it would have been much sooner but had to wait for house to sell before we could move into our own places. The unreasonable behaviour I was planning to use was from Dec 2012-June 2013, as from June 2013 our relationship was 'over' (separate beds etc) and our house went up for sale, so citing things in the 6 months before we officially split wouldn't be relevant - any advice??

Minime85 Thu 19-Jun-14 21:43:04

I asked a very similar question on here not long ago and only got one response saying what you are thinking, it needs to be behaviour from the six months before you separated. I've just posted my papers to the courts. I did not date every incident though as some is general behaviour.

I did read elsewhere that you can use older things but best to use things in last 6 months and maybe you can but the house sale in there somehow to explain it. Good luck

Minime85 Thu 19-Jun-14 21:44:40

I don't think you have to class relationship as over from when he physically left though. If you say it was over in June then I think it's 6 months before that isn't it that you can use. There is something in the advice sheet on line about it I think

Chocoholicforever Thu 19-Jun-14 21:54:26

You class it from when you separated (ie separate bedrooms) not when you sold the house

lagoon Fri 20-Jun-14 11:29:10

Thanks - I've now worded it in such a way to describe events of the UB for 6 months up til when it was 'over' in June 2013 and mentioned the house was then placed for sale and moved out in nov. Fingers crossed it all goes through ok.

nomoretether Fri 20-Jun-14 11:33:55

Mine didn't have dates on, were exaggerated on the advice of my solicitor, were general things rather than specific incidents, weren't checked and went through fine. I don't think they're that bothered.

PfftTheMagicDraco Fri 20-Jun-14 12:26:52

If he's not going to contest the divorce, it doesn't matter what you put down. XH made a load of stuff up (though he chose purposefully hurtful stuff) on the advice of his solicitor.

lagoon Fri 20-Jun-14 13:52:31

Nope they'll be no contesting, we both want it to go through, I've shown him what I've written and he is happy with it. Can't wait for it to all be sorted.

Minime85 Fri 20-Jun-14 17:29:59

Lagoon sounds similar to me. Ex has read it and will not contest so I hope it goes through ok and just need to get finances done then confused

Minime85 Tue 24-Jun-14 19:06:47

Ex got the papers today so guessing it will go through ok? Hope so

JaneParker Tue 24-Jun-14 19:46:40

The nicer lawyers like the two we used do it this way - you send a draft of what you will put the unreasonable petition and let the other spouse comment on and amend it and suggest changes and once you agree the text you put it in. Lots of people do it that way.

lagoon Wed 25-Jun-14 14:04:00

Minime I don't think that means it'll definitely go through, from what I've read your ex will respond to the petition, then it goes in front of the judge to decide on whether the divorce is granted or not based on the evidence (what you wrote in the box).
I posted my forms Monday and they confirmed they were received yesterday, no idea when to expect anything but yours seems to have started fairly quickly smile

lagoon Sat 05-Jul-14 17:57:48

Minime are you still around? Would like to know the progress of your petition.My STBXH has received the petition, just over a week after the court received it which was a lot faster than I thought it'd be...! Fingers crossed it all goes through ok.

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