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If two spouses have been separated for more than two years and agree to a divorce or have simply been apart for more than five years, then there is no need for their petition to apportion the breakdown of the marriage to one party. If this is not the case – and the parties have not been living apart for the required time or cannot agree to a divorce – then the petition will be reliant upon one party’s (i.e. the Respondent’s) unreasonable behaviour or adultery. Generally, it is not a lack of agreement that results in a petition relying on these grounds. Rather, they are simply used when a couple wish to file for a divorce and they have not yet been living separately for two years. Still, many couples will wait until the two year period has passed before proceeding; some because they require time to finalise their arrangements, others because they fear that the party that is blamed for the breakdown of the marriage will be subjected to detrimental treatment by the courts should there be a dispute over assets, childcare etc. Fortunately, this is not the case. When a petition is based on unreasonable behaviour, the examples cited are entirely subjective and, as the courts – and, in particular, the judge that reviews the application – are fully aware of this, they will disregard them should a dispute arise later. Additionally, whilst many are worried that the examples that they are able to cite are not severe enough to warrant a divorce, the authorities also recognise that there is no way for them to determine how damaging the behaviour described was to the Petitioner and will very rarely, if ever, claim that the reasons cited are insufficient as a result. As far as petitions reliant on adultery are concerned, the first thing that must be noted is that an individual cannot rely on their own adultery and that the adulterous party must serve as the Respondent as a result. As with unreasonable behaviour, though, this individual will suffer no detriment as a result. This is because the courts accept that it is not possible to determine why the individual in question committed the adultery and that it is entirely possible that the Petitioner’s actions could have contributed to the Respondent’s decision to be unfaithful as a result. It is for these reasons that there is little reason for a Respondent to decide to contest or oppose a divorce as a result of their spouse having filed on the grounds of either adultery or unreasonable behaviour. Particularly when you consider that the contents of a petition will not be made public by a court under any circumstances.