Friday, 1 February 2013

Unreasonable behaviour

This morning my son sent me this youtube clip.

Now this led me to consider the most frequently used ground for divorce, that the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent, aka unreasonable behaviour.  Now on the evidence of the video, I don't see that the husband would have much of a problem - it must be unreasonable for either spouse to take active steps to enter into a relationship with another person while still married.  However, here's the conundrum - is the husband's act of trashing the car unreasonable behaviour or is it a natural, predictable and reasonable response to a seriously provocative act?  Can his wife cite it as a reason for divorcing him?

To become rather more lawyerly, we now know from Imerman v. Tchenguiz that even within marriage, spouses seem to have some right to confidentiality.  To put it another way, a spouse can act unlawfully by seeking to uncover material or information which the other spouse has maintained confidentially - crudely put, secrets which one spouse has kept from the other.  So does this wife have a reasonable expectation of privacy in relation to her online shenanigans?  Would your answer be different if she had had the commonsense to use a different name online to conceal her identity?

Blog Disclaimer: Nothing in blog should be construed as legal advice. If you require legal advice upon any family law related matter then you should instruct a solicitor. Any links to other blogs or web sites are provided for convenience only and Austin Kemp Solicitors cannot accept any responsibility for the contents of such linked blogs/sites.


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