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Legal Terms – Behaviour
Behaviour, in the context of family law, refers to the actions and conduct of an individual. According to the Matrimonial Causes Act 1973, one of the "five facts" that can be used to support a claim that a marriage has ended, allowing the person filing the petition to obtain a divorce.
The term "unreasonable behavior" was commonly used, but it did not necessarily mean that the respondent's behavior had to be unreasonable in itself. The crucial factor was whether it was reasonable to expect the petitioner to continue living with the respondent, considering the behavior of both parties and their individual personalities and characteristics (Livingstone-Stallard v Livingstone-Stallard [1974] Fam 47). The behavior mentioned can be categorized as either "positive" (such as persistent drunkenness, violence, or obsessive conduct) or "negative" (such as neglect or indifference). The petition can still be successful even if the respondent was not directly responsible for the behavior, possibly due to an illness (as seen in the case of Thurlow v Thurlow [1976] Fam 32). Under the Divorce, Dissolution and Separation Act 2020, reliance on facts is no longer necessary. Instead, the act just requires a statement from one or both parties asserting that the marriage has ended.
Behaviour, in the context of family law, refers to the actions and conduct of an individual. According to the Matrimonial Causes Act 1973, one of the "five facts" that can be used to support a claim that a marriage has ended, allowing the person filing the petition to obtain a divorce.
The term "unreasonable behavior" was commonly used, but it did not necessarily mean that the respondent's behavior had to be unreasonable in itself. The crucial factor was whether it was reasonable to expect the petitioner to continue living with the respondent, considering the behavior of both parties and their individual personalities and characteristics (Livingstone-Stallard v Livingstone-Stallard [1974] Fam 47). The behavior mentioned can be categorized as either "positive" (such as persistent drunkenness, violence, or obsessive conduct) or "negative" (such as neglect or indifference). The petition can still be successful even if the respondent was not directly responsible for the behavior, possibly due to an illness (as seen in the case of Thurlow v Thurlow [1976] Fam 32). Under the Divorce, Dissolution and Separation Act 2020, reliance on facts is no longer necessary. Instead, the act just requires a statement from one or both parties asserting that the marriage has ended.
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