| 释义 |
behaviour
n. (in family law) Under the Matrimonial Causes Act 1973, one of the “five facts” that could be used to support a claim that a marriage had broken down, thereby entitling the petitioner to a divorce. Although the phrase “unreasonable behaviour” was often used, the “behaviour” of the respondent did not have to be unreasonable in itself: the real test was whether it was reasonable to expect the petitioner to continue living with the respondent, taking into account the behaviour of both parties and their particular personalities and characteristics (Livingstone-Stallard v Livingstone-Stallard [1974] Fam 47). The behaviour cited could be “positive” (e.g. persistent drunkenness, violence, or obsessive conduct) or “negative” (e.g. neglect or indifference); the petition could succeed even if the respondent was not responsible for the behaviour, due (for example) to an illness (Thurlow v Thurlow [1976] Fam 32). Facts will no longer need to be relied upon under the Divorce, Dissolution and Separation Act 2020, which requires only an assertion (by one or both parties) that the marriage has broken down. |