Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Unreasonable behaviour definition

What does Unreasonable behaviour mean? In family proceedings, unreasonable behaviour describes conduct by the respondent that makes it unreasonable for the applicant to continue to live with them. The statutory formulation is behaviour such that the applicant cannot reasonably be expected to live with the respondent; “unreasonable behaviour” is a widely used shorthand derived from legislation and case law. England and Wales: before 6 April 2022, behaviour was a “fact” to prove irretrievable breakdown under the Matrimonial Causes Act 1973. The divorce, dissolution and Separation Act 2020 introduced no‑fault divorce and civil partnership dissolution, removing any need to plead behaviour. The term now...

Unreasonable Behaviour under MCA 1973 s1(2)(b) Pre-DDSA 2020 (England and Wales): Test, Key Authorities (Owens), Drafting, and Post‑Incident Cohabitation

Published by a LexisNexis Family expert

Practice notes

unreasonable behaviour in divorce proceedings issued prior to 6 April 2022

The Divorce, dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after that date fall within DDSA 2020 and the procedural reforms made to the family procedure rules 2010 (FPR 2010), SI 2010/2955. For additional guidance, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020.

Proceedings issued on or before 5 April 2022 continue under the pre-DDSA 2020 law, whether started through the digital system or by paper forms. These applications are unaffected by the commencement of DDSA 2020 and the consequential changes to procedure. The same applies irrespective of the mode of submission. This document sets out the position for proceedings begun before 6 April 2022.

DDSA 2020 prompted consequential legislative amendments, including revisions to FPR 2010, Pt 7. To view historic versions of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as they applied to proceedings issued prior to 6 April 2022, see below: This Practice Note summarises the law concerning unreasonable behaviour in divorce proceedings issued before 6 April 2022...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...