Q&As

Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the petitioner cannot then within other proceedings, such as a financial remedy, refer to the fact that the petition was not defended and rely on the particulars in the petition?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 04/05/2018

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is there case law authority where a respondent to an unreasonable behaviour petition allows the divorce to proceed on an undefended basis, that the petitioner cannot then within other proceedings, such as a financial remedy, refer to the fact that the petition was not defended and rely on the particulars in the petition?

A divorce petition needs to satisfy the court of one or more of the following facts in order for the court to hold that the marriage has broken down irretrievably (section 1(2) of the Matrimonial Causes Act 1973 (MCA 1973)):

  1. that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent

  2. that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent

  3. that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition

  4. that the parties of the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted

  5. that the parties to the ma

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