Divorce petition - unreasonable behaviour after a year?

[yesterdayyin]

My husband and I have been separated and living apart for a year.

I'm trying to understand if it's possible to petition for divorce on the grounds of unreasonable behaviour given that unreasonable behaviour occurred a year ago. From what I've read I think it needs to have happened in the last 6 months. Is it too late?

In the last year I've received various aggressive, abusive and threatening messages and calls from him. Can I rely on that instead even though I'd already left the marriage at that point? If so, do I make any reference at all to his behaviour while we were still living together?

Money is tight and I don't want to waste it on an application that will be rejected.

I'm also at the same time thinking he's prone to unpredictable behaviour and I'm not sure how he will react to my allegations of unreasonable behaviour. I intend to make them as innocuous as possible.

I know in another year I can claim 2 years' separation so that's always a possibility. I've also read in the media they're thinking of introducing a no fault divorce. Does anyone know when that will come through? I'm guessing it won't be for a while.

Have you seen each other in person and been communicating in the last 6 months? If so then you will have some examples to use.

Don't hold out for no fault as due to Brexit everything is uncertain and open for delay.

I petitioned on unreasonable behaviour some 18 months after XH left the family home and it went through fine. I used examples of behaviour that occurred in the final 6 months of the marriage. He wanted to divorce on 2 years separation but I would not consent as it wasn’t true! I was worried he would then petition on MY unreasonable behaviour (not that there was any, but to be honest nobody bar the judge reads the documents anyway and it makes no difference to the settlement) - so I got in first with my petition. Being the petitioner does allow you to be more ‘in the driving seat’.

Thank you so much for your replies.
ColaFreezePop - No, we haven't seen each other at all since I left. I moved far away and we don't have kids. At first, there were some phone calls and there are still some messages. Re: the no fault divorce, I think that was wishful thinking on my part - I'm pretty sure the 2 years separation will come around first.
oldfatandtired1 (great name, by the way!) - Your message is very encouraging. I had been reading that if the unreasonable behaviour was more than 6 months ago it wouldn't be accepted, but maybe that's if you continue living together and we're not. Can I ask, do you have to give specific examples with dates? For example, if I say he was verbally abusive throughout the marriage (he was), do I have to say what exactly he said and give the last date? I'm not sure how much detail is required.
At first, I didn't really want to think about it. I just wanted to focus on myself and reestablish myself really. Now I'm worried I might have made a mistake by leaving it so long. I don't want to get the petition wrong.

Yes, I think it only counts if you’re still living together. I didn’t give specific examples and dates - I can’t remember exactly what I used (it was 5 years ago) but it was along the lines of verbal abuse throughout the marriage, unwilling to socialise with me and the kids, financial abuse - you get the picture! You don’t have to go for the jugular but the behaviour does have to be bad enough that a judge would pass it. I know you say money’s tight but if you can possibly afford it, it might be good to get a solicitor to draft something. Alternatively, try posting on the Wikivorce site? I got a lot of help from some posters there. Remember 2 years separation has to be with consent - if there’s any chance he wouldn’t consent you’d be back to square one! Good luck, it’s all pretty horrible but life is so much better afterwards.

I think the 6 months is more related to adultery in that if you live with someone for 6 months or more after adultery it is seen as acceptance and you can't use that as grounds for divorce.

Not aware of any time limit on unreasonable behaviour, but that you have lived apart for a year is a good indicator that your marriage has broken down. Keep copy of any messages you receive that you consider aggressive or threatening as you may be able to present them as unreasonable behaviour even though you are living apart.

Good luck. Hope you can get it sorted without the stress I had.

Most solicitors offer a half hour free consultation my advice would be go and see a solicitor who can give you the right advice. There is such a delay in courts at the moment you don’t want to put it in and then it gets rejected because by the time you get it through it may be 2 years separation. Good luck