This article will explore what constitutes as unreasonable behaviour in a divorce.
Unreasonable behaviour, also known as intolerable conduct, that qualifies for divorce involves one member of the relationship acting so unreasonably that the person filing for divorce cannot reasonably be expected to continue the relationship.
The unreasonable behaviour in question has to have taken place during the marriage and cannot be historic. Additionally, unreasonable behaviour can qualify regardless of mental abnormality, and as such intoxication or psychosis and so on does not disqualify unreasonable behaviour.
Finally, in terms of the type of behaviour that will qualify a divorce claim, it can be active or passive. This means that the defending party does not need to do something which is intolerable actively – continued periods of, for example, being emotionally withdrawn can qualify despite being ‘passive’.
Lastly, the test for determining what constitutes unreasonable behaviour is contextual and person-specific. The question is not whether one party can be expected to put up with behaviour, but whether the specific complaining party can be expected to put up with the behaviour.
For example, in Findlay v Findlay, one party complained her husband was absent from the relationship spending many nights out late. Despite the rational defence of the defending party being a bouncer, the pursuing party had already entered into another relationship. In this specific context, then, the pursuing party could not “reasonably be expected” to continue the relationship.
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Looking to find out whether your partner has behaved in a way that would qualify for a divorce under Scots Law? It varies from case to case, so it is vital you seek out reliable, professional advice.
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