Unreasonable behaviour is the fact most often relied upon where a divorce is needed without waiting a year or more. It requires no period of separation, the behaviour need not be extreme, and the test is an objective one. This guide explains what qualifies, what must be proved, and when it is the right choice.
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Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: 20th July 2026.
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The key point. Unreasonable behaviour is not a “ground” for divorce in Scotland. There are two grounds: irretrievable breakdown of the marriage, and the issue of an interim gender recognition certificate. Behaviour is one of four facts by which irretrievable breakdown is established.
Because no separation period is required, it is the usual route where a divorce is needed now rather than in a year’s time. See our page on grounds for divorce in Scotland.
Why Instruct Rooney Family Law
How the behaviour is pled matters. Set it out too mildly and the writ is vulnerable; too aggressively and you provoke a defence that costs both of you money. Getting that balance right is what we do daily.
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What Counts as Unreasonable Behaviour?
Irretrievable breakdown is established where, since the date of the marriage, your spouse has behaved in such a way that you cannot reasonably be expected to continue living with them. The behaviour may be active or passive, and it does not matter whether it results from mental abnormality.
There is no fixed list. Physical violence, verbal abuse, coercive or controlling behaviour, financial irresponsibility, substance misuse affecting family life, and persistent neglect of the family have all founded successful actions. The test is objective: could you, viewed reasonably, be expected to go on living with this conduct? The behaviour does not need to be extreme.
Active or passive
Behaviour includes what a spouse fails to do as much as what they do. Persistent neglect, withdrawal and refusal to participate in family life can all qualify.
Mental abnormality is no answer
It does not matter whether the behaviour results from mental abnormality. The question is the effect on you, not the cause.
A pattern, not a single event
Most cases rest on a course of conduct over time rather than one incident, although a single sufficiently serious incident can be enough.
Infidelity that is not adultery
An emotional affair, or a sexual relationship falling outside the narrow statutory definition of adultery, will normally support a case founded on behaviour instead.
If you are at risk, that is a separate and more urgent question. Divorce proceedings are not a protective remedy. Where there has been violence, threats, harassment or coercive control, an interdict, a power of arrest or a non-harassment order can be sought quickly and independently of the divorce. See our page on protective orders, and in an emergency always call the police on 999.
What Has to Be Proved
The behaviour must be averred in the initial writ and supported by evidence. In an undefended action that evidence is given by sworn affidavit from you and from one witness, without anyone attending court.
Specific, not general
A writ saying only that a spouse was “difficult” will not do. The averments need dates, examples and enough particularity for the court to assess the conduct against the objective test.
Proportionate, not inflammatory
The writ is a document your spouse will read. Averments pitched more aggressively than the case requires are the most common cause of an otherwise straightforward divorce becoming defended, and a defended action costs both parties far more than the wording was worth.
A corroborating witness
Usually a friend or family member who saw enough of the marriage to speak to the breakdown. They do not attend court, and we prepare the affidavit for them to swear.
Behaviour Compared With the Other Routes
Unreasonable behaviour
No waiting period, so a divorce can be raised immediately. Requires averments and evidence, and carries some risk of a defence. The usual choice where a divorce is needed promptly.
One year’s separation, with consent
The least contentious route. Requires a year apart and your spouse’s consent, but may open the simplified procedure at £550 if nothing financial is outstanding.
Two years’ separation
No consent needed and very difficult to defend, but you must wait two years from separation.
Also available immediately, but narrowly defined, easier to deny, and no better for you financially. Behaviour is usually the more practical option.
Effect on Finances and Children
Founding on behaviour does not improve your financial position. Financial provision is determined under the Family Law (Scotland) Act 1985 by reference to the matrimonial property and the statutory principles, not by fault. Conduct becomes relevant only where it has had a direct financial effect, such as the dissipation of matrimonial funds. See our page on financial provision.
Nor does it decide arrangements for children, which are determined on the welfare of the child. Behaviour towards a child, or behaviour a child has been exposed to, is of course relevant to welfare, but that is a different question from the fact founded on in the divorce. Our children and family law section explains how those decisions are made.
The Process and What It Costs
An action founded on behaviour proceeds as an ordinary divorce. The simplified procedure is not available, because it can only be used on the separation facts. Most such actions are undefended and conclude within a few months.
Our fee for a straightforward undefended ordinary divorce is £1,550, all in, covering the process from application to final decree including court fees and outlays. Negotiating a financial settlement, or dealing with a defended action, is separate work charged on a time basis, in three-minute units rather than the six-minute units many firms use. Read more about how our fees work.
Common Questions About Unreasonable Behaviour
Is unreasonable behaviour a ground for divorce in Scotland?
Strictly, no. There are two grounds: irretrievable breakdown of the marriage, and the issue of an interim gender recognition certificate. Unreasonable behaviour is one of four facts by which irretrievable breakdown is established.
How bad does the behaviour have to be?
It does not need to be extreme. The test is objective: whether you could reasonably be expected to go on living with the conduct. Physical violence, verbal abuse, coercive or controlling behaviour, financial irresponsibility, substance misuse affecting family life and persistent neglect have all founded successful actions.
Do we have to be separated first?
No, and that is the main advantage of this route. No period of separation is required, so an action can be raised straight away rather than waiting one or two years.
Will my spouse see what I have said about them?
Yes. The initial writ is served on them, so they will read the averments. That is why we pitch them at the level the case requires and no higher: writs drafted more aggressively than necessary are the most common reason an otherwise straightforward divorce becomes defended.
Does it get me a better financial settlement?
No. Financial provision is determined under the Family Law (Scotland) Act 1985 by reference to the matrimonial property and the statutory principles, not by fault. Conduct is relevant only where it has had a direct financial effect, such as the dissipation of matrimonial funds.
Do I need a witness?
Yes. In an undefended action, evidence is given by sworn affidavit from you and from one witness, usually a friend or family member who saw enough of the marriage to speak to its breakdown. Nobody attends court.
Can I use the simplified procedure?
No. The simplified procedure is available only on the separation facts. An action founded on behaviour proceeds as an ordinary divorce, for which our fee is £1,550, all in, where it is undefended and straightforward.
What if I am frightened of my spouse?
Divorce proceedings are not a protective remedy and should not be relied on as one. Where there has been violence, threats, harassment or coercive control, an interdict, a power of arrest or a non-harassment order can be sought quickly and separately from the divorce. In an emergency, always call the police on 999.
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Speak to a Divorce Solicitor
If you need a divorce without waiting a year, behaviour is usually the route. We will tell you how the case should be pled, what it will cost, and how to keep it undefended. Free initial telephone call of approximately 10–15 minutes.
