How is “unreasonable behaviour” defined?
A wide range of “behaviour” comes within the definition of “unreasonable behaviour”. First and foremost, the behavior must have some effect on you if you wish to commence divorce proceedings in Singapore based on the unreasonable behavior of your spouse. The behaviour of your spouse must have affected you in a way such that it is unreasonable to expect you to continue to live with him/ her.
On one end, cruelty or violence would certainly constitute “unreasonable behaviour” and be sufficient for you to prove that the marriage has broken down irretrievably.
On the other end, milder complaints such as (1) repeated squabbling (quarrels), (2) sending of insulting emails by one spouse to the other, (3) constant neglect by one spouse and (4) strong opinions of one spouse causing a strain to the marriage are generally acceptable as well.
You must find it intolerable to live with your spouse
It is important to note that if you continue living with your spouse for a period or periods totaling 6 months or more after the final incident used by you to support your case, you may not be able to rely on the fact of “unreasonable behaviour” to prove that the marriage has broken down irretrievably and file for divorce in Singapore.
Unreasonable behaviour in relation to “adultery”
Should you be unable to prove your spouse’s commission of adultery, it is nonetheless possible for you to attempt to prove that your spouse has been improperly associating himself/ herself with other women/ men and use this fact to file for divorce in Singapore.
See: Section 95 of Women’s Charter (Singapore)
Your divorce lawyer can assist by:
1. Advising you on the strength of your case (if you wish to file for divorce based on your spouse’s unreasonable behaviour).
2. Representing you if you decide to file for divorce based on your spouse’s unreasonable behaviour, or defending you if your spouse files for divorce based on your alleged unreasonable behaviour.
3. Drafting and filing the documents required by the Court.
4. Representing you in negotiations with the other party, mediation sessions and in Court.
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