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Filling out applicatio for decree nisii and not sure what to put for if unreasonable behaviour is continuing ?

(8 Posts)
Tinkerbellx Thu 11-Feb-16 11:18:39

The form statement of truth says

Do I think the UB is continuing - the thing is I don't know and haven't got a clue because he hasn't lived here for almost 2 years ? He could still be being promiscuous but I don't know and don't care .
So if I put NO it might not be the truth and and if I put YES ( he is seeing someone ) will that open up a whole bag of worms ?

Fourormore Thu 11-Feb-16 11:20:48

Can you not do 2 years separation with consent? Or is he not consenting?

I could be wrong but I thought the unreasonable behaviour had to be within the last 6 months.

Tinkerbellx Thu 11-Feb-16 11:27:18

His UB spanned over many years right up until the day he left which was almost 2 years ago .
Ive already petioned and hes signed it so I cant change it now .

The 6 month thing has worried me though now ?

Fourormore Thu 11-Feb-16 12:55:22

I'm probably wrong - I wouldn't worry about it.

shoeaddict83 Thu 11-Feb-16 16:33:53

four i thought the same as you, the UB has to be within the last 6 months but only if you are continuing to live together.
So you can split and apply for divorce a year later on UB grounds as long as you left your partner a maximum of 6 months after the last instance of UB. If you remain living together and the last instance of UB was over 6 months ago you cannot divorce on these grounds.

from 'justdivorce' site:
The law allows parties to try to get back together (referred to as reconciliation) after an act of unreasonable behaviour takes place for a single period or combined periods of up to six months. Consequently, you can still rely on a particular act of unreasonable behaviour to get a divorce, as long as you do not live with your spouse as man and wife for more than six months after it occurred. Each fresh act of unreasonable behaviour starts off a new six month period.

Minime85 Thu 11-Feb-16 21:40:55

I think you put no if you have had no contact with him and he is not still for example taking part in violence against you. For the other thing the incidents for unreasonable behaviour should be within the 6 months before you separated. You don't have to date everything though.

Namechanger2015 Sun 14-Feb-16 12:43:34

I put down yes on my form - we had been separated more than 6mo. My solicitor (who is shit hot) said to put yes - that clearly shows you have no intention of reconciling.

I did, and my nisi will come through later this month. nobody asked any questions about it. He is still abusive and would hit me again IF I lived with him.

In your case he would still cheat on you if you were together, just because he can't (because you are apart), it doesn't mean he wouldn't if he could.

Chocamochalatte Mon 22-Feb-16 22:54:59

I've had a similar question which I'd been pondering over, then I found this site with free advice and they were really good even a freephone telephone number smile

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