Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Time limit for unreasonable behaviour

8 replies

Hattie78 · 27/06/2019 14:39

Hi
I want to file for divorce but it's taken me until now to get my head round it (we separated early November) and realise I'm strong enough to make the leap.
Have I left it too late to divorce on the grounds of unreasonable behaviour? Do you have to file within 6 months of separation? I know there is a 6 month rule for adultery but wasn't sure if it was the same for UB.
Thanks in advance.

OP posts:
waterSpider · 28/06/2019 17:06

No time limit, unlike with adultery.
But good advice here:
smab.co.uk/divorce-unreasonable-behaviour-can-stay-a-private-matter/

Deciding to live apart is fairly unreasonable you could say! You can try to reduce tension by going for kinds of mutual things we never say we love each other, don't spend time together, different interests etc. Assuming that your ex will want to divorce that is OK have to be more serious and make it more like blae, if a challenge is more likely

waterSpider · 28/06/2019 17:07

blame, not blae

waterSpider · 28/06/2019 17:08

I should have emphasised that the advice is "This must be done within six months from the last incident of unreasonable behaviour, providing the parties continue to live together. If one party moves out of the martial home they can still issue a petition on the grounds of unreasonable behaviour after six months have passed, although it is advisable not to wait too long as you may then have to issue a petition based on separation instead, which can take between two and five years (dependent on whether both parties agree or not)."

Hattie78 · 28/06/2019 17:51

Thank you. It was the 6 month bit I read elsewhere and wasn't sure what it meant.
Thanks for replying.

OP posts:
Collaborate · 30/06/2019 16:51

The 6 month rule only applies to the court's method of linking either:

  1. The act of adultery (or, rather, the finding out that adultery had taken place) or;
  1. The act of unreasonable behaviour

with the understanding that either the petitioner cannot reasonably be expected to live with the respondent.

The assumption is that if the petitioner still lives with the respondent after 6 months then it is reasonable for them to still live with the respondent. So you have 6 months to decide if you want to reconcile.

Hattie78 · 30/06/2019 18:16

@Collaborate
So we can have been separated longer than 6 months and it can still be grounds because we haven't been living together since we separated?

OP posts:
Collaborate · 30/06/2019 20:15

Yes

Hattie78 · 30/06/2019 20:38

@Collaborate thank you.

OP posts:
New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.