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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.

Do you get more in your financial settlement for stating unreasonable behaviour?

8 replies

Espressomartinih · 06/12/2022 20:05

Just wondering if I can expect a better financial settlement if I cite Unreasonable Behaviour rather than a no fault reason?
I definitely feel I have the grounds to use Unreasonable behaviour.
But if it isn't going to improve my financial settlement then I don't see the point of going through the hassle of it.
Do I also have to prove Unreasonable Behaviour?
I feel like I should be compensated extra for the suffering and having to leave the family home because of the unreasonable behaviour.

OP posts:
GinUnicorn · 06/12/2022 20:10

Really sorry you went through this. In the UK at least it won’t make a difference to financial settlement.

Newlifestartingatlast · 06/12/2022 20:20

Right, short answer is no you don’t. Behaviour has never had anything to do with financial settlements except in VERY extreme circumstances where illegal or life threatening activities have taken place.

secondly, you can’t divorce on basis of unreasonable grounds now anyway. All divorces have been no fault since April.

I suggest you go and look in more detail at the divorce process in government online site- very simple to use. Good directions on how divorce is done. It is designed for you NOT to need a solicitor for your petition. Do not pay a solicitor to do this part.

Then go to the link MN has provided above to ADVICE NOW guides. There is one there about divorce financial settlements. It costs £20 to download, but cheap at the price given a solicitor cost £200 an hour , or around £3.5o a minute just to explain what your situation is. These guides explain how a court decides your financial settlement is “fair”. There are 10 or so criteria that have to be met first before 5o:50 comes into play, find those, look at that, figure out how they apply to your situation -that will give you chance to get accustomed to the impact and assess your options, before you start to talk to your STBex. It doesn’t matter if you are going to agree a consent order between you, use mediation or hire the most expensive solicitor you can find- unless you are extremely wealthy the outcome won’t change much as courts have a duty of care to assess whatever type of financial agreement is made against those 10 criteria. The difference is if you use a solicitor to fight it out it can cost you £1000s , whereas if you figure it out yourselves, and accept you’ll both be poorer and neither get exactly what you want, you’ll have a bigger pot to split and you can divorce for around £1500.

It took me a while to get my head around the most likely outcome (I divorced 18 months ago under unreasonable behaviour when I could still do that). As I was higher earner and bigger pension, it was a hard pill to swallow given his behaviour. However, we did manage the divorce very quickly, very cheaply, and with minimal stress . Using ADVICE NOW guides was best thing I did - they’re brilliant in explaining

BetterFuture1985 · 06/12/2022 22:29

Espressomartinih · 06/12/2022 20:05

Just wondering if I can expect a better financial settlement if I cite Unreasonable Behaviour rather than a no fault reason?
I definitely feel I have the grounds to use Unreasonable behaviour.
But if it isn't going to improve my financial settlement then I don't see the point of going through the hassle of it.
Do I also have to prove Unreasonable Behaviour?
I feel like I should be compensated extra for the suffering and having to leave the family home because of the unreasonable behaviour.

Unless the unreasonable behaviour included something like injuring you so badly you could never work again, then no. It has to be pretty serious for the conduct of the parties to be taken into account (except where one party has squandered a lot of money in a short space of time).

Also, your attitude is going to cost you money. If you start trying to get compensated for a crap relationship, the only party that will be better off will be your solicitor. Better to find an amicable solution, even if you hate the bastard!

Crazycrazylady · 07/12/2022 16:17

No I'm afraid not. It's not taking into account

winniemum · 07/12/2022 19:54

No thank goodness!
My narc DH got in with the divorce petition before me and lied through his teeth about all the things I’m supposed to have done. Non of them true.

DrMarciaFieldstone · 07/12/2022 19:57

No, even before no-fault divorces, it didn’t make any difference. There is no moral component to divorce.

Soontobe60 · 07/12/2022 20:07

Espressomartinih · 06/12/2022 20:05

Just wondering if I can expect a better financial settlement if I cite Unreasonable Behaviour rather than a no fault reason?
I definitely feel I have the grounds to use Unreasonable behaviour.
But if it isn't going to improve my financial settlement then I don't see the point of going through the hassle of it.
Do I also have to prove Unreasonable Behaviour?
I feel like I should be compensated extra for the suffering and having to leave the family home because of the unreasonable behaviour.

If the behaviour against you was unreasonable, then say so. But no, you don’t get compensation for it.

ArcticSkewer · 07/12/2022 20:10

Where are you expecting to write these details of unreasonable behaviour?

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