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Divorce/separation

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

Unreasonable behaviour examples

27 replies

FinallyDecided · 02/05/2021 14:39

Hello

I have finally, after much soul-searching, decided to divorce my husband.

Quick synopsis of our marriage:

10 years married, no children. Haven't had any intimacy in over 7 years. His touch repulses me :( I love him as a friend. Reasons for the breakdown of the marriage (in my view, I am sure his story would be different): too many broken promises, wife-work, him being snappy and grumpy but then always denying he uses 'a tone'. We both cheated at one point but the marriage limped on.

Many of the things that allowed resentment to build up have now been resolved (he does just as much housework for example) but they have taken such a long time to get fixed that I am just done. I just don't feel anything more than friendship for him anymore.

We are both still young (I am 40, he is 36) and I want to give both of us a chance to move on. Haven't had the conversation yet, building up to it, as I'm pretty sure he won't want to divorce. So first making sure I am informing myself, and have done all the research before having the chat.

I am now trying to write examples of unreasonable behaviour in such a way that they do not come across as too inflammatory as would like us to remain amicable. Plus I know that I am equally at fault for the collapse of the marriage.

I don't want to involve solicitors for anything but the financial consent order, so trying to do most of it myself/ourselves.

I now have 2 questions and would welcome any advice.

a)

I earn two thirds of what he does, and have a worse pension. We have our own accounts plus a joint account from which we pay bills, and we each pay a percentage of our salary into. So he pays more towards the mortgage and bills, as he earns more.

I want to suggest that upon divorce and sale of the house we split the equity 50/50 and we keep our respective pensions. A clean break. I also want to suggest that we keep the same financial agreement (with him paying more into the joint) until the divorce is finalised. To protect myself, against him dragging on the divorce etc.

Do people think this is fair? From what I've read so far I think I may be appointed more (due to earning less/being older/having a worse pension/having moved across country for his job etc.) and am hoping that he realises this and therefore goes along with my suggestion.

But does that (wanting to keep the same arrangement until we are divorced) make me a greedy cow?

b)

Would the following examples be considered acceptable by the court?

Example 1
My husband snaps at me all the time, over the smallest things. The most recent example was on 02/05/2021 when he asked me if a friend of mine had returned a garden tool – which we had lent her a couple of weeks ago – yet. When I responded that she would like to use it for a couple of days longer he got irritated and snappy with me. Every time it happens I ask him to please stop snapping at me, and to just use a normal tone. Nothing ever changes, as the next day he does it again. It leaves me feeling disrespected, unloved, resentful and walking on egg shells.

Example 2
In addition to constantly snapping at me my husband denies he does it. Whenever I point it out and ask him to please not treat me like that (as in the previous example, on 02/05/21) he will immediately deny it, in a very sweet voice, and tell me that I misunderstood him, that it’s all in my head. I feel he is gaslighting me constantly and it leaves me feeling diminished, anxious and insecure, and as if my feelings don’t matter.

Example 3
My husband leaves me in charge of all the life admin, including everything to do with his side of the family, even though we both work full-time. I have begged him on so many occasions to please deal with these things himself as I have enough on my plate and it simply isn’t fair, we are supposed to be equal partners, and he will promise to make more of an effort, but nothing ever changes. His mother’s birthday is coming up and yet again it is me who has remembered it and told him to get a card (02/05/21). The fact that despite many arguments he still expects me to be his personal assistant even though he is just as capable, leaves me feeling utterly disrespected and unloved.

Example 4
If my husband isn’t working, he is gaming. We practically live separate lives, and he needs constant reminding that there are other things in life than gaming. He will never take the initiative to stop a game himself, I have to nag him like he is a teenage boy. The last time I asked him to stop gaming and keep me company was a couple of weeks ago (some time in April, I don’t remember the exact date). I have stopped asking as there is no point. Nothing ever changes. I might as well be single, considering how lonely I feel.

Example 5
The constant broken promises. I cannot rely on him for anything. So many times when I ask him to do something he will nod and agree, then he doesn’t do it. Not only doesn’t he do it, but every time we go through a little dance of him getting angry at me for reminding him, denying he has forgotten, then eventually admitting he has forgotten, and promising to make more effort in future. However, he never does. He is a grown man in a responsible job, completely capable of making diary entries and memory aids but makes no effort to do so. The most recent example was when he promised to order the cat’s medication (end of April just gone). I ended up having to do it. It leaves me feeling unloved, sad and very resentful.

Some are slightly exaggerated, and I am planning on giving him the chance to file himself against me, so as to ensure he doesn't feel too attacked..!

Thanks so much for any advice!

OP posts:
thelonggame · 02/05/2021 16:19

Hi, I left my STBXH nearly two months ago.
I'm trying to get him to sort out finances and he can't see any hurry because he's the big earner and apart from me not being there nothing has changed for him - where as I'm in my mums box room with only a suitcase full of clothes.
I've suggested to him that I will have half of his net salary per month after his rent and car loan has come out of it - and promptly transferred it into my bank.
I've told him I won't want maintanace once he has sorted out a mortgage to buy me out of the house ( family house is tennented as he works abroad) and hopefully realising it's better for him to do it sooner than later.
so my opinion is you're doing exactly the right thing re finances. I hope it works for both of us.
He's not replied to my propsal yet - he's always been one fro dragging his feet and delaying decisions for no good reason anyway.

Would be interested in others opinions on your unreasonable behavour reasons, i've offered mine to wait until no fault devorce is lawful but will go down unreasonable behavour route if he plays silly buggers.

FinallyDecided · 02/05/2021 18:14

Hi @thelonggame sorry you're in a similar position. Glad he has so far complied by sending you the amount you requested, and I hope he sees sense and doesn't attempt to delay things too much.

Fingers crossed it works out ok for both of us. We'll get through it.

OP posts:
thelonggame · 02/05/2021 18:22

sorry I worded it badly - I transferred it from our joint account into my own!!
Now I've left I've realised how much I used to walk on eggshells to keep him happy - and he was never happy anyway!
We need to keep thinking of the future in our nice new homes without any of the bad atmospheres, I'm already planning what wallpaper I will put up Smile

OneForTheRoadThen · 03/05/2021 11:17

Why do you want to establish unreasonable behaviour rather than just get a no fault divorce? It does sound like he hasn't been great but if you've said it's 50\50 and you've both cheated it seems like he'd also have equally as good examples as you?

FinallyDecided · 03/05/2021 12:31

Because there is no guarantee the legislation will come into force this year. And I want out. I've had enough.

OP posts:
FinallyDecided · 03/05/2021 12:31

I'll give him the opportunity to file instead if me. I don't care who does it. I just want to get the process started.

OP posts:
FinallyDecided · 03/05/2021 12:33

Unless you mean go the two year separation route. Again, that could drag on and on, especially since I know he doesn't want to so any possibility of delay will give him hope :(

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4PawsGood · 03/05/2021 12:37

Bear in mind you could use adultery as the reason.

OneForTheRoadThen · 03/05/2021 12:38

Yes I meant a 2 year no fault divorce. I understand what you're saying about just wanting out, I'm in a similar situation myself. I just wonder if it would be difficult for you to prove unreasonable behaviour if he is aware you've had an affair as well?

InkieNecro · 03/05/2021 12:41

@FinallyDecided

Unless you mean go the two year separation route. Again, that could drag on and on, especially since I know he doesn't want to so any possibility of delay will give him hope :(
2 year separation still needs a finance order, he still needs to play ball.
FinallyDecided · 03/05/2021 12:55

The adultery is too long ago though

OP posts:
FinallyDecided · 03/05/2021 12:56

And from what I've read, even if he contests the divorce it's unlikely the court will humour him..?

OP posts:
RandomMess · 03/05/2021 14:12

You filing puts you more in control, him contesting would be very unlikely to be successful.

PicaK · 03/05/2021 19:33

I've read some stuff that says your example should have first and most recent dates for things.
You have a lot of detail - it's quite emotional to read. Could you make it more male - so as not to annoy him (which is what you said you wanted)

My husband has left all life admin to me despite my repeated requests from x date through to y date when I had to remind him to do z. This makes me feel...

FinallyDecided · 03/05/2021 19:56

If the first date is years ago (as all this started almost from before we were married - more fool me I know) will that work against me? Will the court decide that since I put up with it for almost 10 years I might as well put up with it for ever more Sad

OP posts:
anxietyanonymous · 03/05/2021 20:23

I think your examples are valid but full of emotion and personal sentiment. I would re write them as if you were an impartial solicitor.

  1. Sustained uneven distribution of chores and life admin leading to stress on the petitioner. Brief dated specified example.
  1. Respondent suffers from gaming addiction and shows no interest in other pursuits individually or with the respondent making the marriage unviable. Petitioner suffers from loneliness and isolation as a consequence.

Or similar.

FinallyDecided · 03/05/2021 20:47

Thanks Smile I'll do some editing

OP posts:
coronabeer · 04/05/2021 12:40

I filed online on the basis of unreasonable behaviour and didn't bother putting any dates. It went through very quickly.
I think your reasons are a bit too wordy, though.
You could trim them down to something like: "My husband often speaks to me in an irritated and snappy tone, leaving me feeling resentful and disrespected". "My husband does not take his share of "life administration" which makes me feel unappreciated". "My husband spends an excessive amount of time playing computer games which makes me feel lonely." He doesn't have to agree with your reasons, as long as he accepts the divorce.

anon12345678901 · 04/05/2021 12:48

Be aware courts can reject divorce applications if they don't feel the reasons are valid enough for one party to be at fault. Its rare but happens. You need to take emotion out as others have said.
My reasons for UB were adultery (without physical proof or admission of guilt it cannot be filled under adultery, even though he was living with her at the time), physical and emotional abuse (pushing, destroying of items, calling me a cunt m, bitch, whore and making me sleep on the floor.) Clearing our joint account and leaving me with debts in my name alone without my knowledge.
My solicitor advised me there is no way the court would reject it, even though he kept dragging his heels. It is much easier if he accepts the divorce and agrees to it.

KJF2121 · 07/06/2021 21:02

This reply has been deleted

Message withdrawn at poster's request.

FinallyDecided · 08/06/2021 13:08

It's all gone so fast. My decree nisi announcement is the 1st of July. Just the financial bit left to do, which may take a few months as we need CETVs of our pensions so reliant on our employers. But will almost certainly be divorced before autumn. Then only the house sale left. Hopefully by this time next year I'm in my own place. I'm still 100% certain that it's the right thing but my emotions are all over the place regardless. My wedding anniversary is this week. It's all a bit shit isn't it.

OP posts:
thelonggame · 16/06/2021 08:08

congratulations on getting this far so quickly.

How many examples of UB did you put on the divorce papers? I'm just starting to do mine online and can't decide how many i need to put.

FinallyDecided · 16/06/2021 08:36

I put 5 examples. 4 would have probably been OK too. It just depends on what they are doesn't it. Yeah I was relieved that they were accepted by the judge. And nice to be able to do it ourselves for the most part too.

OP posts:
thelonggame · 16/06/2021 09:30

I was waiting for the no fault divorce to start, but now it's been pushed back I'm going to get on with it.
I'm so relieved that STBXH has accepted the split and is getting on with sorting out the finances already, he's living abroad at the minute so could have been really awkward and delayed things if he wanted to.
Good luck with getting your finanaces through quickley and starting your new happier solo life

FinallyDecided · 16/06/2021 12:17

Thank you, you too Smile

I was also initially going to wait for no fault divorce.. Good there is a date now but yeah too long to wait for us!

It's so much easier when both parties cooperate isn't it. Stressful enough as it is.

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